Blair v. Virginia DOC

Filing 21

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

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA

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MAY 1 0 2017

Richmond Division

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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