United States District Court, W.D. Virginia, Roanoke Division
Clemmer, Pro Se Petitioner.
Murphy, Senior Assistant Attorney General, Richmond,
Virginia, for Respondent.
P. JONES UNITED STATES DISTRICT JUDGE.
pro se Petition for a Writ of Habeas Corpus under 28 U.S.C.
§ 2254, the petitioner Marcus Clemmer, a Virginia
inmate, challenges the validity of his confinement on a
judgment by the Circuit Court for the City of Danville. After
review of the record, I conclude that the respondent's
Motion to Dismiss must be granted, because Clemmer's
petition is untimely filed.
30, 2014, a jury convicted Clemmer of burglary, grand
larceny, possession of a controlled substance, and petty
larceny third offense and the state court sentenced him to
seven years imprisonment. Clemmer did not pursue a direct
appeal, and thus his conviction became final ninety days
later, on September 28, 2014.
timely filed a petition for a writ of habeas corpus in the
Supreme Court of Virginia on September 18, 2015. On April 19,
2016, the court denied his petition as procedurally barred
under Slayton v. Parrigan, 205 S.E.2d 680, 682 (Va.
1974), cert. denied, 419 U.S. 1108 (1975). Clemmer
then filed the present petition in this court on July 8,
2016, raising nine claims, as follows:
1. The Supreme Court of Virginia erred in applying
Slayton v. Parrigan to his state habeas claims;
2. All of his state habeas claims were fairly presented to
the Supreme Court of Virginia;
3. The prosecution withheld exculpatory evidence at his
4. Clemmer was denied the right to counsel on appeal;
5. The evidence was insufficient to prove Clemmer's guilt
of possession of a controlled substance;
6. The evidence was insufficient to prove Clemmer's guilt
of grand larceny;
7. Clemmer was denied access to the courts during his trial
and the post-trial ...