Drayton v. Clarke, No. 3:2018cv00303 - Document 27 (E.D. Va. 2019)
Court Description: MEMORANDUM OPINION. See OPINION for complete details. Signed by District Judge M. Hannah Lauck on 01/15/2019. Copy mailed to Petitioner.(ccol, )
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Drayton v. Clarke Doc. 27 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA JAN 152019 Richmond Division PLERK U.S. DiSTRiCT COURT KEVIN MICHAEL DRAYTON,JR., Richmond,va Petitioner, V. Civil Action No.3;18CV303 HAROLD CLARKE, Respondent. MEMORANDUM OPINION Kevin Michael Drayton, Jr., a Virginia state prisoner proceeding pro se, brings this petition pursuant to 28 U.S.C. § 2254("§ 2254 Petition," ECF No. 1). 1. Historv of the Federal Proceedings On October 3,2018, the Magistrate Judge issued a Report and Recommendation wherein he recommended that the Court deny the § 2254 Petition as barred by the relevant statute of limitations. Because it appeared that Drayton failed to file timely objections, by Memorandum Opinion and Order entered on November 1,2018, the Court accepted the Report and Recommendation and dismissed the action. (ECF Nos. 22,23.) However,on November 7,2018,the Clerk's Office for the Richmond Division of the United States District Court for the Eastem District of Virginia received Drayton's Response to Magistrate Report and Recommendation ("Objections," ECF No. 24). Drayton mailed his Objections to the Alexandria Division ofthis Court and it was received there on October 23, 2018. (ECF No.24-1.) The Alexandria Division forwarded the Objections to this Division, but did not do so until November 7,2018. Drayton indicates that he mailed these Objections to the Court on October 16,2018. (Obj. 2.) The Court deems the Objections filed as ofthis date. See Houston v. Lack,487 U.S. Dockets.Justia.com 1/15/2019
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