Anderson v. Clark, No. 3:2013cv00528 - Document 20 (E.D. Va. 2014)
Court Description: MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 11/26/2014. Copy mailed to Pro Se. (jsmi, )
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Anderson v. Clark Doc. 20 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division KIRK L.ANDERSON, Petitioner, Civil Action No. 3:13CV528 V. HAROLD W. CLARKE, Respondent. MEMORANDUM OPINION Kirk L. Anderson, a Virginia state prisoner proceeding pro se, brings this petition pursuant to 28 U.S.C. § 2254 ("§ 2254 Petition") challenging his convictions in the Circuit Court of the City of Richmond, Virginia ("Circuit Court"). Respondent moves to dismiss, inter alia, on the ground that the one-year statute of limitations governing federal habeas petitions bars the § 2254 Petition. Despite sending appropriate Roseboro^ notice with the Motion to Dismiss, Anderson has not responded, but instead filed a document entitled "Brief in Support of Motion To Hearing." (ECFNo. 19.) The matter is ripe for disposition. L PROCEDURAL HISTORY After a bench trial, the Circuit Court found Anderson guilty of two counts of rape and two counts of indecent liberties. On July 26, 2010, the Circuit Court entered final judgment with respect to the above convictions and sentenced Anderson to an active sentence of thirty-three years in prison. See Petition for Writ of Habeas Corpus at 2, Anderson v. Clarke, No. CL12- 2612 (Va. Cir. Ct. filed June 14, 2012). Anderson appealed his convictions. On August 1, 2011, the Supreme Court of Virginia refused Anderson's petition for appeal. Anderson v. Commonwealth, No. 110850, at 1 (Va. Aug. 1, 2011). Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975). Dockets.Justia.com
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