Anderson v. Bolster, No. 1:2019cv00075 - Document 33 (E.D. Va. 2020)
Court Description: MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 08/27/2020. (dvanm, )
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Anderson v. Bolster Doc. 33 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Joshua Gary Anderson, Petitioner, I:19cv75(LO/TCB) Mark J. Bolster, Respondent. ORDER Under consideration is respondent Mark Bolster's renewed motion to dismiss Joshua Anderson's petition for writ of habeas corpus filed pursuant to 28 U.S.C. ยง 2241. Dkt. No. 20. Petitioner received the notice required by Local Civil Rule 7(K)and Roseboro v. Garrison. 528 F.2d 309(4th Cir. 1975), and opposes respondent's motion. See Dkt. Nos. 22,26. This matter is thus ripe for adjudication. For the reasons explained below, respondent's motion to dismiss must be granted, and the petition must be dismissed with prejudice. I. Background Petitioner, a prisoner at the Federal Correctional Institution Petersburg, is serving a thirtyyear sentence having pleaded guilty before a military trial judge to offenses including rape of a child, conspiracy to rape a child, taking indecent liberties with a child, possession and distribution ofchild pornography, communicating a threat, and more. Dkt. No. 1; United States V. Anderson. NMCCA 201200499, 2013 WL 3242397, at *1 (N-M. Ct. Grim. App. June 27,2013). As part of his pretrial plea agreement, petitioner agreed to waive his right to move the military court for Article 13, Uniform Code of Military Justice("UCMJ"),credit, which is credit issued by a military judge when an accused has been subjected to pretrial confinement that constituted punishment or imposed unusually harsh conditions or circumstances. Dkt. Nos. Dockets.Justia.com
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