Tory v. Methena, No. 3:2012cv00905 - Document 28 (E.D. Va. 2014)
Court Description: MEMORANDUM OPINION. Signed by District Judge James R. Spencer on 10/10/14. (khan, )
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Tory v. Methena Doc. 28 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division MICHAEL E. TORY, JR., Petitioner, v. Civil Action No. 3:12 CV905 R.C. METHENA, Respondent. MEMORANDUM OPINION Petitioner, a Virginia inmate proceeding prose, has submitted a "MOTION REQUESTING AN AUTHORIZATION 0[R]DER TO FILE A SECOND WRIT OF H/vBEAS CORPUS." (ECF No. 1.) It appeared that Petitioner intended the Motion to challenge hs conviction in the CircuitCourt for the City of Virginia Beach, Virginia. By Memorandum Order entered on April 3, 2013, the Court informed Petitioner that if he wished to file a 28 U.S C. § 2254 petition, he should complete the appropriate forms for filing a 28 U.S.C. § 2254 petition and return the same to the Court. (ECF No. 2, at 1-2.)1 Thereafter, Petitioner completed and returned the forms for filing a petition under 28 U.S.C. § 2254 challenging his convictions in the Circuit Court of the City of Virginia Beach for aggravated malicious wounding and use of a firearm in the commission of a felony. (ECF No. 3.) By Memorandum Opinion and Older entered on October 22,2013, the Court denied the § 2254 Petition. Tory v. Methena, No. 3:12CV905, 2013 WL 5739790, at *1-4 (E.D. Va. Oct. 22, 2013). The Court founl the relevant statute of limitations barred the action. Id. at *3-4. On January 28, 2014, the United 1The Court further informed Petitioner that if he wished to continue with the action in its current form, within twenty (20) days of the date of entry thereof, he must identify the utatute that authorizes the present action. Dockets.Justia.com
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