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Petit v. Clarke

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

March 14, 2016

ALLAN THOMAS PETIT, Petitioner,
v.
HAROLD CLARKE, Respondent.

MEMORANDUM OPINION

Roderick C. Young United States Magistrate Judge

Allan Thomas Petit, a former Virginia state prisoner proceeding pro se, brings this petition pursuant to 28 U.S.C. § 2254 (hereinafter, "§ 2254 Petition, " ECF No. 1) challenging his September 7, 2012 misdemeanor driving under the influence conviction in the General District Court of the City of Virginia Beach (hereinafter, "General District 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. Petit has responded. For the reasons set forth below, the Motion to Dismiss (ECF No. 12) will be GRANTED.

I. PERTINENT PROCEDURAL HISTORY

A. Pertinent Criminal Proceedings

Petit has a long history of driving under the influence of alcohol. On October 29, 2003, the Circuit Court of the City of Virginia Beach ("Circuit Court") found Petit guilty of driving under the influence of alcohol or drugs, fourth or subsequent offense. (ECF No. 13-1, at 1.) By Order entered on March 3, 2004, the Circuit Court sentenced Petit to five years of incarceration with all but one year and nine months suspended. (ECF No. 13-2, at 1-2.)

In 2012, the Petit was convicted in the General District Court of misdemeanor driving under the influence. (ECF No. 13-4, at 1-2.) By Order entered on September 7, 2012, the General District Court imposed an active sentence of 90 days of incarceration. (Id.)[1] Petit filed no appeal of this conviction.

B. State Habeas Proceedings

On February 14, 2014, Petit filed a petition for a writ of habeas corpus with the Circuit Court wherein he sought to challenge both his 2012 misdemeanor conviction of driving under the influence and a June 20, 2013 Order of the Circuit Court revoking his previously suspended sentence. (ECF No. 13-7, at 1-2.) By Final Order entered on July 15, 2014, the Circuit Court denied Petit's habeas petition. (ECF No. 13-9, at 7.) Petit appealed. On April 21, 2015, the Supreme Court of Virginia rejected that appeal. (ECF No. 13-11, at 1.)

C. § 2254 Petition ]

On or about May 11, 2015, Petit filed his § 2254 Petition with this Court.[2] (§ 2254 Pet. 15.) In his § 2254 Petition, Petit asserts the following claims for relief:[3]

Claim One "Retraction of plea/unknowing and unintelligent plea under duress." (Id. at 6.)

Claim Two "Ineffective assistance of counsel." (Id. at 7.) "The appellant [received] ineffective assistance of counsel by the court appointed public defender, Gregory Evans, at ... the General District Court on 9-7-2012 for the misdeamor DUI (2nd).... (§ 2254 Pet. Attach. 22, ECF No. 1-2.)

II. ANALYSIS

A. Statute of Limitations


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