Pepke v. Wilson, No. 1:2021cv00007 - Document 24 (E.D. Va. 2021)
Court Description: MEMORANDUM OPINION. Signed by District Judge T. S. Ellis, III on 12/17/2021. (kgall) (C/M to plaintiff)
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Pepke v. Wilson Doc. 24 Case 1:21-cv-00007-TSE-TCB Document 24 Filed 12/17/21 Page 1 of 10 PageID# 256 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Eric Pepke, Petitioner, V. ) ) ) ) l:21cv7(TSE/TCB) ) R. Wilson, Respondent. ) ) MEMORANDUM OPINION Eric Pepke, a federal inmate proceeding pro filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 alleging numerous errors at his trial and on appeal.[Dkt. No.2 at 8-16]. Pepke then sought and was granted leave to file an amended petition in which he alleges only two claims — that he was denied access to the courts, and that his attorney was ineffective. [Dkt. No. 18 at 6-7]. Respondent filed a motion to dismiss and motion for summary judgment [Dkt. No. 21], with a brief in support, and provided Pepke with the notice required by Local Rule 7(K)and Roseboro v. Garrison. 528 F.2d 309(4th Cir. 1975). Pepke has responded [Dkt. No. 22], and the matter is therefore ripe for adjudication. For the reasons stated below, respondent's motion to dismiss must be granted, and the amended petition dismissed. I. Background On August 14, 2014, Pepke pleaded guilty, pursuant to a written plea agreement, to one count of receipt of child pornography, in violation of 18 U.S.C. § 2252(a)(2) in the United States District Court for the Eastern District of North Carolina, Western Division ("sentencing court"). On May 4,2016,the sentencing court sentenced him to 97 months in prison and a lifetime term of supervised release. United States v. Pepke. No. 5:15cr319(E.D.N.C. May 24, 2019). The Fourth Circuit Court of Appeals affirmed his conviction on November 7, 2016. United States v. Pepke. 662 F. App'x 225 (4th Cir. 2016), cert, denied. 137 S. Ct. 1358(2017). Pepke filed a Dockets.Justia.com Case 1:21-cv-00007-TSE-TCB Document 24 Filed 12/17/21 Page 2 of 10 PageID# 257 Case 1:21-cv-00007-TSE-TCB Document 24 Filed 12/17/21 Page 3 of 10 PageID# 258 Case 1:21-cv-00007-TSE-TCB Document 24 Filed 12/17/21 Page 4 of 10 PageID# 259 Case 1:21-cv-00007-TSE-TCB Document 24 Filed 12/17/21 Page 5 of 10 PageID# 260 Case 1:21-cv-00007-TSE-TCB Document 24 Filed 12/17/21 Page 6 of 10 PageID# 261 Case 1:21-cv-00007-TSE-TCB Document 24 Filed 12/17/21 Page 7 of 10 PageID# 262 Case 1:21-cv-00007-TSE-TCB Document 24 Filed 12/17/21 Page 8 of 10 PageID# 263 Case 1:21-cv-00007-TSE-TCB Document 24 Filed 12/17/21 Page 9 of 10 PageID# 264 Case 1:21-cv-00007-TSE-TCB Document 24 Filed 12/17/21 Page 10 of 10 PageID# 265
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