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PATTERSON v. DIRECTOR, VA. DEPT. OF CORRECTIONS

No. Civ.A. 98-545-AM.

36 F.Supp.2d 317 (1999)

Alvin J. PATTERSON, Petitioner, v. DIRECTOR, VIRGINIA DEPT. OF CORRECTIONS, Respondent.

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

February 4, 1999.

Attorney(s) appearing for the Case

Eugene Murphy, Assistant Attorney General, Commonwealth of Virginia, Office of the Attorney General, Richmond, Virginia, for plaintiff.

Alvin J. Patterson, petitioner pro se.

MEMORANDUM OPINION

ELLIS, District Judge.

Petitioner, a Virginia inmate proceeding pro se, filed this federal habeas petition after the denial of three successive state habeas petitions and more than one year after his judgment of conviction became final. These facts present the question whether the prior state petitions were "properly filed" under 28 U.S.C. § 2244(d), so as to toll the one-year limitations period and hence save this petition...

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