Ostrander v. Director, Virginia Dept. of Corrections

Filing 9

MEMORANDUM OPINION. Signed by District Judge James R. Spencer on 05/23/2014. Copy mailed to Petitioner. (walk, )

IN THE UNITED STATES DISTRICT COURT

III

E

FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
CLERK, U.S. DISTRICT COURT
RICHMOND, VA

PHILLIP J. OSTRANDER,

Petitioner,
v.

Civil Action No. 3:13cv634

DIRECTOR, VIRGINIA DEPT. OF CORRECTIONS,

Respondent.
MEMORANDUM OPINION

Phillip J. Ostrander, a Virginia state prisoner proceeding pro se, brings this petition
pursuant to 28 U.S.C. § 2254 ("§ 2254 Petition"). Respondent moves to dismiss on the ground
that the one-year statute of limitations governing federal habeas petitions bars the § 2254
Petition. Ostrander has responded. The matter is ripe for disposition.
I.

A.

PROCEDURAL HISTORY

State Proceedings

After a jury trial and a guilty plea, the Circuit Court for the City of Chesapeake, Virginia
("Circuit Court") entered final judgment against Ostrander for one count of attempted murder

and one count of solicitation for murder.1 The Circuit Court sentenced Ostrander to an active
term of thirty years of incarceration. Commonwealth v. Ostrander, Nos. CR05-3536 and CR05-

3537, at 2 (Va. Cir. Ct. Aug. 22, 2006). On July 30, 2008, the Supreme Court of Virginia

1On May 22, 2006, Ostrander pled guilty to one count of solicitation for murder.
Commonwealth v. Ostrander, Nos. CR05-3536 and CR05-3537, at 1 (Va. Cir. Ct. May 22,
2006.) On the same day, Ostrander pled not guilty to attempted murder and the Circuit Court
empaneled a jury. See id. On May 23, 2006, a jury found Ostrander guilty of attempted murder.
Commonwealth v. Ostrander, Nos. CR05-3536 and CR05-3537, at 1-2 (Va. Cir. Ct. June 14,
2006.)