Weatherspoon v. Commonwealth of Virginia, No. 1:2020cv00402 - Document 7 (E.D. Va. 2020)
Court Description: MEMORANDUM OPINION in re 1 Petition for Writ of Habeas Corpus. Signed by District Judge Claude M. Hilton on 07/14/2020. (copy sent to petitioner)(jlan)
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Weatherspoon v. Commonwealth of Virginia Doc. 7 Case 1:20-cv-00402-CMH-TCB Document 7 Filed 07/14/20 Page 1 of 9 PageID# 157 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Quirin Weatherspoon, Petitioner, I:20ev402(CMH/TCB) V. Harold W.Clarke, Respondent. MEMORANDUM OPINION Quirin Weatherspoon, 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 fourteen convictions in the Virginia Beach Circuit Court on November 20,1997. By Order dated May 7, 2020,the Court directed Weatherspoon to explain why his petition is not barred by the statute of limitations and his claims should not be dismissed as defaulted. The Court has reviewed the petition and petitioner's response and concludes the petition must be dismissed. I. Procedural History The Virginia Beach Circuit Court sentenced Weatherspoon on November 20, 1997 to a total of 108 years in prison with 50 years suspended for six counts ofrobbery, six counts of use of a firearm in the commission of a felony, malicious wounding and abduction. [Dkt. No. 1 at 18-19]. (Case Nos. CR96-1576-00 through -13). The Court of Appeals of Virginia denied Weatherspoon's petition for appeal on May 27,1997, Case No. 0343-97-1,' and he did not appeal to the Supreme Court of Virginia. On February 8, 2019, Weatherspoon filed a petition for expungement in the Virginia ' Virginia Judicial System, Case Status and Information (Virginia Beach Circuit Court, Court of Appeals of Virginia, and Supreme Court of Virginia; search Weatherspoon, Quirin). See httD://www.courts.state.va.us/(last viewed July 9,2020). Dockets.Justia.com Case 1:20-cv-00402-CMH-TCB Document 7 Filed 07/14/20 Page 2 of 9 PageID# 158 Case 1:20-cv-00402-CMH-TCB Document 7 Filed 07/14/20 Page 3 of 9 PageID# 159 Case 1:20-cv-00402-CMH-TCB Document 7 Filed 07/14/20 Page 4 of 9 PageID# 160 Case 1:20-cv-00402-CMH-TCB Document 7 Filed 07/14/20 Page 5 of 9 PageID# 161 Case 1:20-cv-00402-CMH-TCB Document 7 Filed 07/14/20 Page 6 of 9 PageID# 162 Case 1:20-cv-00402-CMH-TCB Document 7 Filed 07/14/20 Page 7 of 9 PageID# 163 Case 1:20-cv-00402-CMH-TCB Document 7 Filed 07/14/20 Page 8 of 9 PageID# 164 Case 1:20-cv-00402-CMH-TCB Document 7 Filed 07/14/20 Page 9 of 9 PageID# 165
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