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Abdullah v. Clarke

United States District Court, E.D. Virginia, Richmond Division

November 17, 2014

SADAT MUHAMMAD ABDULLAH, Petitioner,
v.
HAROLD W. CLARKE, Respondent.

MEMORANDUM OPINION

JOHN A. GIBNEY, Jr., District Judge.

Sadat Muhammad Abdullah, a Virginia state prisoner proceeding pro se, brings this petition pursuant to 28 U.S.C. § 2254 ("§ 2254 Petition") challenging his conviction for possession with intent to distribute heroin, second offense, in the Circuit Court of the City of Portsmouth, Virginia ("Circuit Court"). Respondent moves to dismiss, inter alga, on the ground that the one-year statute of limitations governing federal habeas petitions bars the § 2254 Petition. Abdullah had responded. The matter is ripe for disposition.

I. PROCEDURAL HISTORY

A. Direct Appeal

After finding Abdullah guilty of possession with intent to distribute heroin, second offense, the Circuit Court sentenced Abdullah to life in prison. Abdullah appealed. On January 11, 2011, the Supreme Court of Virginia refused Abdullah's petition for appeal. Abdullah v. Commonwealth, No. 101795, at 1 (Va. Jan. 11, 2011).

B. First State Habeas Petition

On January 18, 2012, Abdullah filed a petition for a writ of habeas corpus with the Circuit Court. Petition for Writ of Habeas Corpus at 1, Abdullah v. Pearson, Law No. 12-240 (Va. Cir. Ct. filed Jan. 18, 2012). On April 30, 2012, the Circuit Court denied the petition. Abdullah v. Pearson, Law No. 12-240, at 3 (Va. Cir. Ct. Apr. 30, 2012). Abdullah appealed. On January 7, 2013, the Supreme Court of Virginia dismissed the petition for appeal because Abdullah "failed to timely file the petition for appeal...." Abdullah v. Pearson, No. 121800, at 1 (Va. Jan. 7, 2013) (citing Va. Sup.Ct. R. 5:17(a)(1)).[1]

C. Second State Habeas Petition

On March 26, 2013, Abdullah filed a second petition for a writ of habeas corpus with the Circuit Court. Petition for Writ of Habeas Corpus at 1, Abdullah v. Clarke, Law No. 13-1175 (Va. Cir. Ct. filed Mar. 26, 2013). On June 12, 2013, the Circuit Court denied the petition on the grounds that, inter alia, the petition was untimely. Abdullah v. Clarke, Law No. 13-1175 (Va. Cir. Ct. June 12, 2013) (citing Va. Code. Ann. 8.01-654(A)(2)).[2] Abdullah appealed. On November 4, 2013, the Supreme Court of Virginia dismissed the petition for appeal because Abdullah "failed to timely file the petition for appeal...." Abdullah v. Pearson, No. 131483, at 1 (Va. Nov. 4, 2013) (citing Va. Sup.Ct. R. 5:17(a)(1)).

D. Federal Habeas Petition

On December 13, 2013, Abdullah filed the instant § 2254 Petition with this Court.[3] In his § 2254 Petition, Abdullah asserts:XXXXXXXXXXXXXXXXX

Claim One Abdullah failed to receive the effective assistance of counsel. "[P]rior to trial, [Abdullah] was told by counsel that a plea offer had been made by the attorney for the Commonwealth, but at no time was a written offer presented to the accused by defense counsel, nor any explanation of the offer's terms and conditions revealed to the accused...." (Mem. Supp. § 2254 Pet. 7.)
Claim Two Counsel failed to file a motion to suppress. (§ 2254 Pet. 7.)
Claim Three The trial judge failed to uphold his oath because he failed to address constitutional and ...

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