United States District Court, E.D. Virginia, Richmond Division
QUINTEN I. PARRISH, Petitioner,
DAVID W. ZOOK, Respondent.
Roderick C. Young, United States Magistrate Judge.
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
PERTINENT PROCEDURAL HISTORY
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.)
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
Motions to Vacate
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,
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).
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.
§ 2254 Petition
September 1, 2016, Parrish filed his § 2254 Petition
with this Court. (§ 2254 Pet. 16.) In his §
2254 Petition, Parrish asserts the following claims for
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 ...