Earl v. Commonwealth of Virginia, No. 3:2019cv00547 - Document 22 (E.D. Va. 2020)
Court Description: MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 6/11/2020. Copy to Earl as directed. (jsmi, )
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Earl v. Commonwealth of Virginia Doc. 22 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division SEAN S. EARL, V. Civil Action No. 3:19CV547 COMMONWEALTH OF VIRGINIA, MEMORANDUM OPINION Sean S. Earl, a Virginia state prisoner proceeding pro se, brings this petition pursuant to 28 U.S.C. § 2254. (EOF No. 5.) 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 the notice. Earl filed no response.2 provision of Roseboro^ For the reasons set forth below, the Motion to Dismiss (ECF No. 10) will be GRANTED. I. On May 9, 2007, PROCEDURAL HISTORY in the Circuit Court for the City of Portsmouth (the "Circuit Court"), Earl pled guilty and was found guilty of second-degree murder, malicious wounding, and two counts of use of a firearm in the commission of a felony. Commonwealth V. Earl, No. CR06-2360, at 1 (Va. Cir. Ct. May 9, 2007). ^ On July See Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975). 2 Rather than address Respondent's Motion to Dismiss (ECF No. 10), Earl filed an interlocutory appeal (ECF No. 14), which was subsequently dismissed by the Court of Appeals (ECF No. 18). Dockets.Justia.com
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