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Joyner v. Herring

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

November 28, 2018

CHRISTOPHER LEE JOYNER, JR, Petitioner,
v.
MARK HERRING, Respondent.

          MEMORANDUM OPINION

          RODERICK C. YOUNG, UNITED STATES MAGISTRATE JUDGE

         Christopher Lee Joyner, Jr., a 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 of the City of Virginia Beach, Virginia ("Circuit Court"). Respondent moves to dismiss on the ground that the one-year statute of limitations governing federal habeas petitions bars the § 2254 Petition. Despite the provision of notice pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), Joyner has not responded. For the reasons set forth below, the Motion to Dismiss (ECF No. 17) will be GRANTED.

         I. PROCEDURAL HISTORY

         A jury convicted Joyner of robbery, abduction with the intent to extort money, armed statutory burglary, aggravated malicious wounding, and four counts of use of a firearm in the commission of a felony. See Commonwealth v. Joyner, CR08-3169, at 1 (Va. Cir. Ct. Oct.1, 2010.) In accordance with the jury's verdicts regarding sentencing, the Circuit Court sentenced Joyner to a total sentence of eighty-three years of incarceration. (Id.) Joyner noted an appeal. On May 24, 2011, the Court of Appeals of Virginia denied Joyner's appeal. Joyner v. Commonwealth, No. 2308-10-1, at 1-5 (Va. Ct. App. May 24, 2011.) Joyner did not appeal to the Supreme Court of Virginia.

         On April 5, 2012, Joyner filed his first petition for a writ of habeas corpus in the Supreme Court of Virginia. Petition for Writ of Habeas Corpus at 1, Joyner v. Dir. of the Dep't. of Con., No. 120566 (Va. Apr. 5, 2012). On August 2, 2012, the Supreme Court of Virginia granted Joyner's petition on the limited ground that Joyner was denied the right to appeal his conviction and sentence to the Supreme Court of Virginia and granted him leave to file a belated appeal. Joyner, No. 120556 (Va. Aug. 2, 2012). On March 5, 2013, the Supreme Court of Virginia refused his petition for appeal. Joyner v. Commonwealth, No. 121872, at 1 (Va. Mar. 5, 2013).

         On April 26, 2013, Joyner filed his second petition for a writ of habeas corpus in the Supreme Court of Virginia. Petition for Writ of Habeas Corpus at 1, Joyner v. Dir. of the Dep't of Corr., No. 130690 (Va. Apr. 26, 2013). On October 25, 2013, the Supreme Court of Virginia dismissed the petition. Joyner, No. 130690, at 1-5 (Va. Oct. 25, 2013).

         On May 29, 2018, Joyner filed the instant § 2254 Petition.[1] In his § 2254 Petition, Joyner asserts the following claims for relief:[2]

Claim One: Trial counsel was ineffective because he "fail[ed] to object to the trial court not allowing the defense to present evidence." (§ 2254 Pet. 6.)
Claim Two: Trial counsel was ineffective because he "fail[ed] to file a motion for a new trial after trial court refused to allow the defense to present evidence." (Id. at 8.)
Claim Three: Trial counsel was ineffective because he "fail[ed] to call witnesses on behalf of the defense after Petitioner made defense counsel aware that witnesses exist and are willing to testify." (Id. at 9.)
Claim Four: Trial counsel was ineffective because he "fail[ed] to object to the in-court identification made by a witness after that witness failed to identify the Petitioner immediately following the crime." (Id. at 11.)

         II. ANALYSIS

         A. Statute of Limitations

         Respondent contends that the federal statute of limitations bars Joyner's claims. 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 ...


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