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Parrish v. Zook

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

May 31, 2017

QUINTEN I. PARRISH, Petitioner,
v.
DAVID W. ZOOK, Respondent.

          MEMORANDUM OPINION

          Roderick C. Young, United States Magistrate Judge.

         Quinten D. Parrish, 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 Suffolk, 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. 10.) Parrish has filed a Response. (ECF No. 13.) For the reasons set forth below, the Motion to Dismiss (ECF No. 10) will be GRANTED.

         I. PERTINENT PROCEDURAL HISTORY

         Parrish was convicted in the Circuit Court of first degree murder, use of a firearm in the commission of a felony, and possession of a firearm by a convicted felon. (ECF No. 11, at 1.) The Circuit Court sentenced Parrish to life plus ten years of imprisonment. (Id.) Parrish appealed. (Id.) On October 25, 2000, the Court of Appeals of Virginia dismissed his appeal. (Id.)

         A. State Habeas

         On November 27, 2000, Parrish filed a petition for a writ of habeas corpus with the Circuit Court wherein he sought a delayed appeal. (Id. at 1-2.) On December 4, 2001, the Circuit Court dismissed the petition. (Id. at 2.)

         B. Motions to Vacate

         On May 18, 2012, Parrish filed a Motion to Vacate in the Circuit Court. Motion to Vacate 1, Commonwealth v. Parrish, No. CR98F00329 (Va. Cir. Ct. filed May 18, 2012).[1]

         On September 14, 2014, Parrish filed a Motion to Vacate Void Judgment in the Circuit Court. Motion to Vacate Void Judgment 1, Commonwealth v. Parrish, Nos. CR98F00329, CR98F00325, CR98F00330 (Va. Cir. Ct. filed Sept. 14, 2014). By Order entered on September 25, 2014, the Circuit Court denied the Motion to Vacate Void Judgment. Commonwealth v. Parrish, Nos. CR98F00329, CR98F00325, CR98F00330 (Va. Cir. Ct. Sept. 25, 2014).

         Parrish appealed the denial of his Motion to Vacate Void Judgment. (ECF No. 11-4, at 1.) On June 23, 2015, the Supreme Court of Virginia, citing Supreme Court of Virginia Rule 5:17(c)(1)(iii), dismissed the appeal. (Id.) The Supreme Court noted that Parrish's assignments of error failed to address the Circuit Court's ruling from which an appeal was sought as to three assignments of error, and the Supreme Court refused the fourth assignment of error. (Id.)

         C. § 2254 Petition

         On September 1, 2016, Parrish filed his § 2254 Petition with this Court. (§ 2254 Pet. 16.)[2] In his § 2254 Petition, Parrish asserts the following claims for relief:

Claim One "Conviction obtained in violation of the Due Process [Clause] of the U.S. Constitution, Fourteenth Amendment where my guilty plea [was] induced by an agreement not fully disclosed to the court prior to the court's acceptance of the plea rendering it involuntary and therefore void." (Id. at 6.)
Claim Two "Conviction obtained in violation of the Due Process Clause of the U.S. Constitution, Fourteenth Amendment because the trial judge lacked the authority to allow the Commonwealth Attorney to move to [nolle] process ...

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