United States District Court, E.D. Virginia, Richmond Division
Roderick C. Young United States Magistrate Judge.
Hanes Grimsley, 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 Fairfax
County, Virginia ("Circuit Court"). Respondent
moves to dismiss, arguing that Grimsley's § 2254
Petition is barred by the statute of limitations. (ECF No.
13.) Despite the provision of Roseboro v. Garrison,
528 F.2d 309 (4th Cir. 1975) notice and the Court's grant
of an extension of time to Grimsley, Grimsley failed to
respond. For the reasons that follow, the § 2254
Petition will be DENIED.
February 17, 2005, pursuant to an
Afford plea, Grimsley was convicted of two counts
of robbery and one count of use of a firearm in the
commission of a felony and was sentenced by the Circuit Court
to an active term of incarceration of twenty years. (ECF No.
15-1, at 1-2.)Grimsley filed no appeal. On March 16,
2005, Grimsley filed a Motion to Reconsider his sentence.
(Id. at 28.) The Circuit Court denied the Motion to
Reconsider on March 29, 2005.Commonwealth v. Grimsley,
No. 106396, at 1 (Va. Cir. Ct. Mar. 29, 2005).
February 13, 2007, Grimsley filed a petition for a writ of
habeas corpus in the Supreme Court of Virginia. (ECF No.
15-2, at 1.) On July 3, 2007, the Supreme Court of Virginia
dismissed the petition. (ECF No. 15-3, at 1-6.)
November 14, 2016, Grimsley filed a second petition for writ
of habeas corpus in the Circuit Court. (See ECF No.
15-4, at 3.) On February 1, 2017, the Circuit Court dismissed
the petition, inter alia, as barred by the Virginia
statute of limitations. (Id. at 3, 7 (citing Va.
Code Ann. § 8.01-654(A)(2))). Grimsley appealed, and the
Supreme Court of Virginia refused his petition for appeal on
February 23, 2018. (ECF No. 15-5, at 1.)
9, 2018, Grimsley filed his § 2254 Petition. (ECF No. 1,
at 16.) In his § 2254 Petition, Grimsley
argues he entitled to relief on the following claim:
Claim One: "Petitioner's sentence [is] above
discretionary guidelines." (Id. at
STATUTE OF LIMITATIONS
contends that the federal statute of limitations bars
Grimsley's claim. 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
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 for
seeking such review;
(B) the date on which the impediment to filing an application
created by State action in violation of the Constitution or
laws of the United States is removed, if the applicant was
prevented from filing by such State action;
(C) the date on which the constitutional right asserted was
initially recognized by the Supreme Court, if the right has
been newly recognized by the Supreme Court and made
retroactively applicable to cases on collateral review; or
(D) the date on which the factual predicate of the claim or