Earnest v. Davis

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION WESLEY BRIAN EARNEST, ) Petitioner, ) ) Civil Action No. 7:18-cv-00595 v. ) ) By: Elizabeth K. Dillon KEITH W. DAVIS, Warden, et al., ) United States District Judge Respondents. ) MEMORANDUM OPINION Petitioner Wesley Brian Earnest, a Virginia inmate proceeding pro se, has filed three motions for relief from this court’s judgment, entered September 30, 2020, finding his federal habeas petition under

28 U.S.C. § 2254

untimely. He filed one motion under Fed. R. Civ. P. 60(b)(1), one under Rule 60(b)(6), and…