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Bowman v. Clarke

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

May 14, 2018

JIMMY BOWMAN, Petitioner,
v.
HAROLD CLARKE, Respondent.

          MEMORANDUM OPINION

          Robert E. Payne Senior United States District Judge

         Jimmy Bowman, a Virginia inmate proceeding pro se, brings this petition pursuant to 28 U.S.C. § 2254 ("§ 2254 Petition, " ECF No. 1) . Respondent moves to dismiss, inter alia, on the ground that the one-year statute of limitations governing federal habeas petitions bars the § 2254 Petition. Despite being given Roseboro[1] notice, Bowman has not responded. For the reasons set forth below, the Motion to Dismiss (ECF No. 7) will be granted.

         I. PROCEDURAL HISTORY

         A. State Proceedings

         Bowman pled guilty to possession of cocaine in the Circuit Court for the County of Prince George ("Circuit Court"). (ECF No. 9-1, at 1.) On August 5, 2014, the Circuit Court entered final judgment and sentenced Bowman to an active sentence of six months of imprisonment. (Id. at 2.) Bowman did not appeal.

         On July 30, 2015, Bowman filed a petition for a writ of habeas corpus with the Supreme Court of Virginia. (See ECF No. 9-5, at 1.) On February 10, 2016, the Supreme Court of Virginia dismissed the petition. (Id. at 2.)

         B. Federal Habeas Petition

         On January 24, 2017, Bowman placed his § 2254 Petition in the prison mail system for transmission to this Court. (ECF No. 1, at 15.) The Court deems the § 2254 Petition filed as of this date. See Houston v. Lack, 487 U.S. 266, 276 (1988). Bowman asserts that he is entitled to relief on the following ground:

Claim One "RETAINED COUNSEL WAS INEFFECTIVE BY HIS ADVICE TO PLEAD GUILTY." (ECF No. 1-1, at 5.)

         II. ANALYSIS

         A. Statute Of Limitations

         Section 101 of the Antiterrorism and Effective Death Penalty Act ("AEDPA") amended 28 U.S.C. § 2244 to establish a one-year period of limitation for the filing of a petition for a writ of habeas corpus by a person in custody pursuant to the judgment of a state court. Specifically, 28 U.S.C. § 2244(d) now reads:

1. A 1-year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court. The limitation period shall run from the latest of-
(A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time ...

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