Thomas v. Fleming et al, No. 3:2013cv00397 - Document 14 (E.D. Va. 2014)
Court Description: MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 10/10/14. (khan, )
Download PDF
<![CDATA[
Thomas v. Fleming et al Doc. 14 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division WILLIAM RAY THOMAS, Petitioner, Civil Action No. 3:13CV397-HEH v. LESLIE FLEMING, et al Respondents. MEMORANDUM OPINION (Dismissing § 2254 Petition) William Ray Thomas, a Virginia inmate proceeding with counsel, filed this petition for a writ of habeas corpus under 28 U.S.C. § 2254. The Warden of Keen Mountain Correctional Center ("Respondent")1 has moved to dismiss on the grounds that, inter alia, the relevant statute of limitation bars the § 2254 Petition. For the reasons that follow, the Motion to Dismiss (ECF No. 11) will be granted. I. PROCEDURAL HISTORY As pertinent here, following a jury trial in the Circuit Court of the County of Stafford ("Circuit Court"), Thomas was convicted of robbery and grand larceny from the person. SeeAliv. Commonwealth, 701 S.E.2d 64, 65 (Va. 2010). Thomas appealed. Id. On November 4, 2010, the Supreme Court of Virginia reversed and dismissed Although Thomas listed multiple individuals as Respondents, only the Warden of Keen Mountain Correctional Center responded. Thus, the Court refers to the Warden of Keen Mountain Correctional Center as Respondent. 2Thomas also was convicted of reckless driving and driving on a revoked license, third or subsequent offense. (See Am. § 2254 Pet. 2, ECF No. 10.) Thomas does not challenge these driving convictions in the current § 2254 proceedings. Dockets.Justia.com
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
