Bell v. Commonwealth of Virginia

Filing 20

MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 6/27/14. Copy sent: Yes (tdai, )

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

DEREK D. BELL,
Petitioner,
v.

Civil Action No. 3:13cv232

COMMONWEALTH OF VIRGINIA,

Respondent.
MEMORANDUM OPINION

Derek D. Bell, a Virginia detainee proceeding pro se, brings this petition pursuant to 28

U.S.C. § 2254 ("§ 2254 Petition"). Respondent moves to dismiss, inter alia, on the ground that

the one-year statute of limitations governing federal habeas petitions bars the § 2254 Petition.
Bell has responded. The matter is ripe for disposition.
I. PROCEDURAL HISTORY

On May 11, 2009, the Circuit Court for the City of Waynesboro entered final judgment
against Bell, finding him to be a sexually violent predator pursuant to the Sexually Violent
Predators Act, Va. Code Ann. § 37.2-900, et seq. (West 2013), and committed Bell to the

custody of the Commissioner of the Virginia Department of Behavioral Health and Departmental
Services ("DBHDS"). Commonwealth v. Bell, No. CL08000237-00, at 1-4 (Va. Cir. Ct. May
11, 2009). On October 30, 2009, the Supreme Court of Virginia, finding no reversible error,

refused the petition for appeal. Bell v. Commonwealth, No. 091512, at 1 (Va. Oct. 30, 2009).
On January 20, 2010, the Supreme Court of Virginia refused his petition for rehearing. Bell v.
Commonwealth, No. 091512, at 1 (Va. Jan. 20, 2010).