Blair v. Virginia DOC

Filing 21

MEMORANDUM OPINION. Signed by Magistrate Judge Roderick C. Young on 05/10/2017. Copy mailed to Petitioner. (walk, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA p b MAY 1 0 2017 Richmond Division u mJ JOSHUA D. BLAIR, CLERK. U.S. DISTRICT COURT RICHMOND. VA Petitioner, Civil Action No. 3:16CV934 V. VIRGINIA DOC, Respondent. MEMORANDUM OPINION Joshua D. Blair, a Virginia state prisoner proceeding pro se, brings this petition pursuant to 28 U.S.C. § 2254 ("§ 2254 Petition," ECF No. 1) challenging his convictions in the Circuit Court for the City of Norfolk, Virginia ("Circuit Court"). Respondent moves to dismiss on the ground that, inter alia, the one-year statute of limitations governing federal habeas petitions bars the § 2254 Petition, (ECF No. 13.) Blair has filed a Response. (ECF No. 17.) For the reasons set forth below, the Motion to Dismiss (ECF No. 11) will be GRANTED, I. PERTINENT PROCEDURAL HISTORY On November 14, 2012, a jury convicted Blair of one count of armed statutory burglary, three counts of robbery, three counts of abduction, six counts of use of a firearm in the commission of a felony, conspiracy to commit armed burglary, conspiracy to commit robbery, and wearing a mask in public. Commonwealth v. Blair, Nos, CRl1003413-00 through CRl 1003413-15, at 2 (Va. Cir. Ct. Jan. 2, 2013). On March 18, 2013, the Circuit Court entered final judgment and sentenced Blair to 126 years of incarceration, with 83 years suspended. Commonwealth v. Blair, Nos. CRl 1003413-00 through CRl 1003413-15, at 2-3 (Va. Cir. Ct. Mar. 18, 2013). Blair appealed. On September 24, 2013, the Court of Appeals of Virginia

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