Dick v. Muse, No. 3:2010cv00505 - Document 50 (E.D. Va. 2014)
Court Description: MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr. on 9/29/2014. Copies as DIRECTED to counsel of record.(cmcc, )
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Dick v. Muse Doc. 50 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division JOSEPH J. DICK, JR., Petitioner, V. Civil Action No. 3:10CV505 WILLIAM M. MUSE, Respondent. MEMORANDUM OPINION Joseph J. Dick, Jr., a Virginia probationer, submitted this petition for a writ of habeas corpus under 28 U.S.C. ยง 2254. Dick challenges hisconvictions, following a guilty plea, for first degree murder and rape. Respondent has moved to dismiss on the grounds that, inter alia, the statute of limitations applicable to federal habeas petitions bars Dick's petition and that Dick's claims are procedurally defaulted. Dick has responded. For the reasons set forth below, the Court will set the matter for an evidentiary hearing on Dick's assertion that his actual innocence allows the Court to address the merits of his claims. See McQuiggin v. Perkins, 133 S. Ct. 1924, 1928 (2013) ("Actual innocence, if proved, serves as a gateway through which a petitioner may pass whether the impediment is a procedural bar... [or] expiration of the statute of limitations.") I. Dick's Grounds for Habeas Relief Because the nature of a petitioner's claims bears on what evidence the Court may consider as part of the actual innocence inquiry, it is appropriate to recite Dick's grounds for habeas relief prior to addressing his assertion of actual innocence. See Cleveland v. Bradshaw, 693 F.3d 626, 637 n.4 (6th Cir. 2012) (quoting Gomez v. Jaimet, 350 F.3d 673, 680 (7th Cir. 2003)). Dick demands relief upon the following grounds: Dockets.Justia.com
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