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Holloway v. Walrath

United States District Court, E.D. Virginia

May 30, 2018

TYRONE HOLLOWAY, Petitioner,
v.
JOHN F. WALRATH, Respondent.

          MEMORANDUM OPINION (ADOPTING REPORT AND RECOMMENDATION AND DISMISSING ACTION)

          HENRY E. HUDSON, UNITED STATES DISTRICT JUDGE

         Tyrone Holloway, a Virginia inmate proceeding pro se, filed this petition for habeas corpus under 28 U.S.C. § 2254 ("§ 2254 Petition, " ECF No. 4). On May 9, 2018, the Magistrate Judge issued a Report and Recommendation (ECF No. 14) recommending that Respondent's Motion to Dismiss be granted on the ground that it is barred by the relevant statute of limitations. Holloway has submitted Objections to the Report and Recommendation. (ECF No. 15.) For the reasons that follow, Holloway's Objections will be overruled and the Report and Recommendation will be accepted and adopted.

         I. THE REPORT AND RECOMMENDATION

         The Magistrate Judge made the following findings and recommendations:

         A. Pertinent State Procedural History

         Holloway was convicted of rape and abduction with intent to defile in the Circuit Court for the City of Williamsburg and County of James City ("Circuit Court"). (ECF No. 10-1, at 1.) Holloway appealed. On October 8, 2014, the Court of Appeals of Virginia denied his petition for appeal. (Id.)

         Holloway then pursued a further appeal to the Supreme Court of Virginia. (ECF No. 10-4, at 1.) On May 21, 2015, the Supreme Court of Virginia refused his petition for appeal. (Id.)

         B. Pertinent Federal Proceedings

         On October 5, 2017, this Court received a letter from Holloway wherein he inquired about his ability to file a federal petition for a writ of habeas corpus. (ECF No. 1.) By Memorandum Order entered on November 17, 2017, the Court sent Holloway the form for filing a federal petition for a writ of habeas corpus. (ECF No. 2.) The Court informed Holloway that if he wished to file a federal petition for a writ of habeas corpus, he needed to complete the form and return it to the Court. (Id.)

         On December 5, 2017, Holloway placed his § 2254 Petition in the prison mail system for mailing to the Court. (§ 2254 Pet. 16.)[1] The Court deems the § 2254 Petition filed as of this date. See Houston v. Lack, 487 U.S. 266, 276 (1988). In his § 2254 Petition, Holloway contends that he is entitled to relief upon the following grounds:

Claim 1 The police illegally searched Holloway's vehicle without a warrant. (§ 2254 Pet. 6.)
Claim 2 Holloway failed to receive the effective assistance of counsel because:
(a) counsel failed to prepare a defense with respect to the illegal search (id. at 8);
(b) counsel failed to make a motion to strike or set aside the verdict (id.);
(c) counsel asserted that receiving a thirty-three year sentence constituted good cause to allow him to challenge the sufficiency of the evidence on appeal (id.);
(d) counsel failed to notify Holloway that the Supreme Court had denied his petition for appeal (id.); and,
(e) counsel failed to explain his options with respect to pursuing a plea deal (id.).
Claim 3 The police used an illegal wiretap. (Id. at 9.)
Claim 4 Holloway's right to a speedy trial was violated. ...

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