Abdullah v. Clarke, No. 3:2014cv00105 - Document 12 (E.D. Va. 2014)
Court Description: MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 11/17/2014. Copy sent Yes.(ccol, )
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Abdullah v. Clarke Doc. 12 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division SADAT MUHAMMAD ABDULLAH, Petitioner, V. Civil Action No. 3:14cvl05 HAROLD W. CLARKE, Respondent. MEMORANDUM OPINION Sadat Muhammad Abdullah, a Virginia state prisoner proceeding pro se, brings this petition pursuant to 28 U.S.C. § 2254 ("§ 2254 Petition") challenging his conviction for possession with intent to distribute heroin, second offense, in the Circuit Court of the City of Portsmouth, 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. Abdullah had responded. The matter is ripe for disposition. 1. PROCEDURAL HISTORY A. Direct Appeal After finding Abdullah guilty of possession with intent to distribute heroin, second offense, the Circuit Court sentenced Abdullah to life in prison. Abdullah appealed. On January 11, 2011, the Supreme Court of Virginia refused Abdullah's petition for appeal. Abdullah v. Commonwealth, No. 101795, at 1 (Va. Jan. 11,2011). B. First State Habeas Petition On January 18, 2012, Abdullah filed a petition for a writ of habeas corpus with the Circuit Court. Petition for Writ of Habeas Corpus at 1, Abdullah v. Pearson, Law No. 12-240 Dockets.Justia.com
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