Smith v. Commonwealth of Virginia, No. 3:2012cv00148 - Document 49 (E.D. Va. 2014)

Court Description: MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 8/25/2014. Copies as directed to Smith and counsel of record.(cmcc, )

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L IN THE UNITED FOR THE STATES DISTRICT 26 COURT EASTERN DISTRICT OF VIRGINIA CLtHK. U.S. DISTRICT COUR1 Richmond Division FREDERICK J. SMITH, E RICHMOND. VA JR., Petitioner, Civil v, Action No. 3:12CV148 COMMONWEALTH OF VIRGINIA, Respondent. MEMORANDUM OPINION By 2013, Memorandum Opinion and barred dismissed 871519, the by the action. at *5-6 one-year Smith Civ. P. "MOTION 59(e) FOR Motion. RELIEF FROM CIVIL PROCEDURE - 60(b)(6) Federal pertinent part: v. Rule of (ECF No. statute of on March U.S.C. ยง 2254 limitations 3:12CV148, 8, and 2013 WL By Memorandum Opinion the Court denied Smith's Fed. 35-36.) JUDGMENT, ("Rule 60(b) Civil Jr.'s 28 2013). 2013, FINAL entered Virginia, (E.D. Va. Mar. 8, and Order entered on June 3, a Order the Court found Frederick J. Smith, petition R. Final Smith has now filed ORDER Motion," Procedure 60(b) FEDERAL RULES ECF No. provides, 46) l in (b) Grounds for Relief from a Final Judgment, Order, or Proceeding. On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons: (6) Fed. R. Civ. any other reason that justifies relief. P. 60(b).

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