Drayton v. Clarke

Filing 27

MEMORANDUM OPINION. See OPINION for complete details. Signed by District Judge M. Hannah Lauck on 01/15/2019. Copy mailed to Petitioner.(ccol, )

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

JAN 152019

Richmond Division

PLERK U.S. DiSTRiCT COURT

KEVIN MICHAEL DRAYTON,JR.,

Richmond,va

Petitioner,
V.

Civil Action No.3;18CV303

HAROLD CLARKE,

Respondent.
MEMORANDUM OPINION

Kevin Michael Drayton, Jr., a Virginia state prisoner proceeding pro se, brings this
petition pursuant to 28 U.S.C. § 2254("§ 2254 Petition," ECF No. 1).
1. Historv of the Federal Proceedings

On October 3,2018, the Magistrate Judge issued a Report and Recommendation wherein
he recommended that the Court deny the § 2254 Petition as barred by the relevant statute of
limitations. Because it appeared that Drayton failed to file timely objections, by Memorandum

Opinion and Order entered on November 1,2018, the Court accepted the Report and
Recommendation and dismissed the action. (ECF Nos. 22,23.)
However,on November 7,2018,the Clerk's Office for the Richmond Division of the

United States District Court for the Eastem District of Virginia received Drayton's Response to

Magistrate Report and Recommendation ("Objections," ECF No. 24). Drayton mailed his
Objections to the Alexandria Division ofthis Court and it was received there on October 23,

2018. (ECF No.24-1.) The Alexandria Division forwarded the Objections to this Division, but
did not do so until November 7,2018.

Drayton indicates that he mailed these Objections to the Court on October 16,2018.

(Obj. 2.) The Court deems the Objections filed as ofthis date. See Houston v. Lack,487 U.S.

1/15/2019