Thomas v. Fleming et al
Filing
14
MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 10/10/14. (khan, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
WILLIAM RAY THOMAS,
Petitioner,
Civil Action No. 3:13CV397-HEH
v.
LESLIE FLEMING, et al„
Respondents.
MEMORANDUM OPINION
(Dismissing § 2254 Petition)
William Ray Thomas, a Virginia inmate proceeding with counsel, filed this
petition for a writ of habeas corpus under 28 U.S.C. § 2254. The Warden of Keen
Mountain Correctional Center ("Respondent")1 has moved to dismiss on the grounds that,
inter alia, the relevant statute of limitation bars the § 2254 Petition. For the reasons that
follow, the Motion to Dismiss (ECF No. 11) will be granted.
I.
PROCEDURAL HISTORY
As pertinent here, following a jury trial in the Circuit Court of the County of
Stafford ("Circuit Court"), Thomas was convicted of robbery and grand larceny from the
person.
SeeAliv. Commonwealth, 701 S.E.2d 64, 65 (Va. 2010). Thomas appealed.
Id. On November 4, 2010, the Supreme Court of Virginia reversed and dismissed
Although Thomas listed multiple individuals as Respondents, only the Warden of Keen
Mountain Correctional Center responded. Thus, the Court refers to the Warden of Keen
Mountain Correctional Center as Respondent.
2Thomas also was convicted of reckless driving and driving on a revoked license, third or
subsequent offense. (See Am. § 2254 Pet. 2, ECF No. 10.) Thomas does not challenge these
driving convictions in the current § 2254 proceedings.
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