Holloway v. Walrath, No. 3:2017cv00683 - Document 16 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 05/30/2018. Copy mailed to Petitioner. (walk, )
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Holloway v. Walrath Doc. 16 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA TYRONE HOLLOWAY, [P 1 f Richmond Division MAY 3 1 2018 Petitioner, I E [nl ZJ CLERK, U.S. DISTRICT COURT RICHMOND. VA Civil Action No. 3:17CV683-HEH V. JOHN F. WALRATH, Respondent. MEMORANDUM OPINION (Adopting Report and Recommendation and Dismissing Action) Tyrone Holloway, a Virginia inmate proceeding pro se, filed this petition for habeas corpus under 28 U.S.C. § 2254("§ 2254 Petition," EOF No. 4). On May 9, 2018, the Magistrate Judge issued a Report and Recommendation(EOF No. 14) recommending that Respondent's Motion to Dismiss be granted on the ground that it is barred by the relevant statute of limitations. Holloway has submitted Objections to the Report and Recommendation. (ECF No. 15.) For the reasons that follow, Holloway's Objections will be overruled and the Report and Recommendation will be accepted and adopted. I. THE REPORT AND RECOMMENDATION The Magistrate Judge made the following findings and recommendations: A. Pertinent State Procedural History Holloway was convicted of rape and abduction with intent to defile in the Circuit Court for the City of Williamsburg and County of James City ("Circuit Court"). (ECF No. 10-1, at 1.) Holloway appealed. On October 8, 2014, the Court of Appeals of Virginia denied his petition for appeal. {Id.) Dockets.Justia.com
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