Marshall v. Supreme Court Of Virginia et al, No. 1:2015cv00312 - Document 5 (E.D. Va. 2015)
Court Description: MEMORANDUM OPINION. Signed by District Judge T. S. Ellis, III on 05/05/2015. (mpha)
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Marshall v. Supreme Court Of Virginia et al Doc. 5 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Alvin Marshall, Petitioner, ) ) v. ) ) ) Warden Earl Barksdalc, Respondent. ) ) l:15cv312(TSE/JFA) MEMORANDUM OPINION Alvin Marshall, a Virginia inmate proceeding pro se, has filed a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, challenging the constitutionality of his conviction of first degree murder and other offenses in the Circuit Court for Henrico County. Petitioner has submitted the requisite filing fee, pursuant to 28 U.S.C. § 1914(a). By Order dated March 27, 2015, petitioner was directed to show cause within thirty (30) days why the petition should not be dismissed as time-barred. On May 1, 2015, petitioner filed a response to the Court's Order. After careful consideration of petitioner's arguments, the petition must be dismissed as time-barred. A petition for a writ of habeas corpus pursuant to § 2254 must be dismissed if filed later than one year after (1) the judgment becomes final; (2) any state-created impedimentto filing a petition is removed; (3) the United States Supreme Court recognizes the constitutional right asserted; or (4) the factual predicate of the claim could have been discovered with due diligence. 28 U.S.C. § 2244(d)(lXA)-(D).' In the instant case, petitioner was convicted and sentenced pursuant to a plea of guilty on October 29, 2013. Pet. at 1. Because petitioner took no direct appeal, Pet. at 2, his conviction 'Petitionerexpressesthe understanding that the limitations period for a federal habeasapplication is two years. Pet. at 14. Unfortunately, that is incorrect. Dockets.Justia.com
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