Holloway v. Virginia Supreme Court

Filing 16

MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 05/30/2018. Copy mailed to Petitioner. (walk, )

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

TYRONE HOLLOWAY,

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Richmond Division

MAY 3 1 2018

Petitioner,

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CLERK, U.S. DISTRICT COURT
RICHMOND. VA

Civil Action No. 3:17CV683-HEH

V.

JOHN F. WALRATH,

Respondent.
MEMORANDUM OPINION

(Adopting Report and Recommendation and Dismissing Action)
Tyrone Holloway, a Virginia inmate proceeding pro se, filed this petition for
habeas corpus under 28 U.S.C. § 2254("§ 2254 Petition," EOF No. 4). On May 9, 2018,
the Magistrate Judge issued a Report and Recommendation(EOF No. 14) recommending
that Respondent's Motion to Dismiss be granted on the ground that it is barred by the
relevant statute of limitations. Holloway has submitted Objections to the Report and
Recommendation. (ECF No. 15.) For the reasons that follow, Holloway's Objections
will be overruled and the Report and Recommendation will be accepted and adopted.
I.

THE REPORT AND RECOMMENDATION

The Magistrate Judge made the following findings and recommendations:
A.

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Pertinent State Procedural History

Holloway was convicted of rape and abduction with intent to defile
in the Circuit Court for the City of Williamsburg and County of James City
("Circuit Court"). (ECF No. 10-1, at 1.) Holloway appealed. On October
8, 2014, the Court of Appeals of Virginia denied his petition for appeal.
{Id.)