Cornell v. Clarke, No. 3:2021cv00593 - Document 20 (E.D. Va. 2022)
Court Description: MEMORANDUM OPINION. Signed by District Judge David J. Novak on 5/22/2022. (adun, )
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.._. Cornell v. Clarke Doc. 20 Case 3:21-cv-00593-DJN-MRC Document 20 Filed 08/22/22 Page 1 of 6 PageID# 356 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division WSTIN CORNELL, Petitioner, Civil No. 3:21cv593 (DJN) V. HAROLD CLARKE, DIRECTOR, V.D.O.C Respondent. MEMORANDUM OPINION Justin Cornell, a Virginia state prisoner proceeding prose, brings this petition pursuant to 28 U.S.C. § 2254 ("§ 2254 Petition," ECF No. 1) 1 challenging his conviction in the Circuit Court for the City of Virginia Beach, Virginia ("Circuit Court"). Respondent filed a Motion to Dismiss (ECF No. 7), moving to dismiss on the ground that the one-year statute of limitations governing federal habeas petitions bars the § 2254 Petition. (Resp.'s Br. in Supp. of Rule 5 Answer and Mot. to Dismiss ("Resp.'s Br.") (ECF No. 8).) Cornell has responded.2 For the reasons set forth below, Respondent's Motion to Dismiss (ECF No. 7) will be DENIED WITHOUT PREWDICE. I. PERTINENT PROCEDURAL HISTORY Cornell was convicted of second-degree murder in the Circuit Court. See Cornell v. Commonwealth, No. 2007-16-1, at 1 (Va. Ct. App. June 30, 2017). Cornell appealed. Id On June 28, 2018, the Supreme Court of Virginia refused Cornell's petition for appeal. Cornell v. The Court employs the pagination assigned to the parties' submissions by the CM/ECF docketing system. The Court corrects the capitalization, punctuation, and spacing in the quotations from Cornell's submissions. In response, Cornell filed, inter alia, a Reply (ECF No. 12), two Motions for Stay and Abeyance (ECF Nos. 13, 16), a Proposed First Amended Petition (ECF No. 14), and Petitioner's Rule 5 Reply (ECF No. 15). 2 Dockets.Justia.com Case 3:21-cv-00593-DJN-MRC Document 20 Filed 08/22/22 Page 2 of 6 PageID# 357 Case 3:21-cv-00593-DJN-MRC Document 20 Filed 08/22/22 Page 3 of 6 PageID# 358 Case 3:21-cv-00593-DJN-MRC Document 20 Filed 08/22/22 Page 4 of 6 PageID# 359 Case 3:21-cv-00593-DJN-MRC Document 20 Filed 08/22/22 Page 5 of 6 PageID# 360 Case 3:21-cv-00593-DJN-MRC Document 20 Filed 08/22/22 Page 6 of 6 PageID# 361
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