Tribble, Jr. v. Clarke et al, No. 1:2013cv01260 - Document 30 (E.D. Va. 2014)
Court Description: MEMORANDUM OPINION re Motion to Dismiss. Signed by District Judge James C. Cacheris on 7/15/14. Copies mailed: yes(klau, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Granville Lloyd Tribble, Jr., Petitioner, ) ) v. ) ) Harold W. Clarke, et ah, Respondent. ) ) ) l:13cvl260(JCC/JFA) MEMORANDUM OPINION Granville Lloyd Tribble, Jr.. a Virginia inmate proceeding pro se, has filed a petition for a writ of habeas corpus, pursuant to 28 U.S.C. ยง 2254. challenging the constitutionality of his conviction of rape. By Order dated October 31. 2013, the Court directed Tribble to show cause why his petition should not be barred by the statute of limitations. On December 2, 2013, the Court received Tribble's response, in which he appeared to state he was entitled to equitable tolling based on his attorney's failure to timely file a petition for rehearing, which both he and his attorney thought had been properly filed and was tolling the statute of limitations. By Order dated December 20, 2013, the respondent was directed to show cause why the petition should not be granted. On February 28. 2014, respondent moved to dismiss the petition and Tribble was given the opportunity to file responsive materials, pursuant to Roseboro v. Garrison. 528 F.2d 309 (4th Cir. 1975) and Local Rule 7(K). Tribble filed a response. Dkt. Nos. 22 & 23. Accordingly, this motion is now ripe for disposition. For the reasons that follow, respondent's Motion to Dismiss must be granted, and the petition must be dismissed with prejudice, as time-barred. I. Background In the Circuit Court for the City of Portsmouth, a jury convicted Tribble of one count of rape. On May 4, 2009, the court issued a final order and imposed the 25-year sentence previously
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