West v. Clarke, No. 3:2012cv00544 - Document 10 (E.D. Va. 2013)

Court Description: MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 12/17/13. Copies Mailed: Yes(mful, )

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3!r~ IN THE UNITED STATES DISTRICT FOR THE EASTERN DISTRICT COURT ]l !| DS-I8 20I3 OF VIRGINIA Richmond Division CLERK, U.S. DISTRICT COURT RICHMOND, VA CAVELL DEVON WEST, Petitioner, v. Civil Action No. 3:12CV544 HAROLD CLARKE, Respondent. MEMORANDUM OPINION Cavell Devon with counsel, ("§ 2254 inter West, Virginia state prisoner brings this petition pursuant to Petition," alia, a on ECF No. 7). Respondent the ground limitations governing federal Petition. West not responded. The I. PROCEDURAL the 28 U.S.C. moves to habeas one-year § 2254 dismiss, HISTORY has that proceeding petitions statute bars matter the is § of 2254 ripe for disposition. A. The Court") and two crimes, (38) State Proceedings Circuit Court of the convicted West of first counts and years of use sentenced in prison. through CR06F00662-05, of West County of a degree murder, firearm to an 1-3 in active Commonwealth at Chesterfield v. (Va. Cir. West, Ct. armed burglary, commission term of No. Dec. ("Circuit of those thirty-eight CR06F00662-02 29, 2006). On

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