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WALLACE v. JARVIS

Civil Action No. 7:09cv00426.

726 F.Supp.2d 642 (2010)

Gary Dean WALLACE, Petitioner, v. Larry W. JARVIS, Respondent.

United States District Court, W.D. Virginia, Roanoke Division.

July 30, 2010.

Attorney(s) appearing for the Case

Gary Dean Wallace , Bland, VA, pro se.

John Michael Parsons , Office of the Attorney General, Richmond, VA, for Respondent.

MEMORANDUM OPINION

SAMUEL G. WILSON, District Judge.

This is a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 by Gary Dean Wallace claiming that the Virginia Department of Corrections ("VDOC") is wrongfully denying him 31 days credit against a revoked sentence for time spent in pretrial detention on charges that were nolle prossed. The respondent has moved to dismiss on the grounds that AEDPA's one-year statute of limitations...

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