Braun v. Stolle, No. 1:2022cv00612 - Document 12 (E.D. Va. 2022)
Court Description: MEMORANDUM OPINION and ORDERED that respondent's motion to dismiss [Dkt. No. 10] is GRANTED. ORDERED that this petition for habeas corpus relief pursuant to 28 U.S.C. § 2254 be and is DISMISSED WITH PREJUDICE (see Order for details). Signed by District Judge Claude M. Hilton on 8/29/2022. (kgall) (C/S to plaintiff)
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Braun v. Stolle Doc. 12 Case 1:22-cv-00612-CMH-JFA Document 12 Filed 08/29/22 Page 1 of 6 PageID# 52 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Michael Ryan Braun, Petitioner, V. Harold W.Clarke, Respondent. ) ) ) ) ) ) ) l:22cv612(CMH/JFA) MEMORANDUM OPINION AND ORDER Michael Ryan Braun ("Petitioner" or "Braun"), a Virginia inmate proceeding pro sq, filed a petition for a writ of habeas corpus, pursuant to 28 U.S.C. ยง 2254, challenging the January 11, 2022 revocation of his suspended sentence by the Circuit Court of the City of Virginia Beach, Virginia because it was "excessive."[Dkt. 1 at 1,4]. On July 11,2022,the respondent filed a Rule 5 Answer and a Motion to Dismiss with supporting briefs and exhibits.[Dkt. 8-10]. Petitioner was advised ofthe opportunity to file responsive materials pursuant to Roseboro v. Garrison. 528 F.2d 309(4th Cir. 1975), in accordance with Local Rule 7(K), and he has not responded. Accordingly, this matter is now ripe for disposition. For the reasons that follow, the Court has determined that respondent's Motion to Dismiss must be granted, and the petition dismissed with prejudice. I. Procedural History On September 8,2014, Braun pleaded guilty in the Circuit Court of the City of Virginia Beach,to driving under the influence(DUX),third conviction within 5 years, and driving with a suspended license, third conviction within 10 years. By order dated July 22, 2015,the court sentenced Braun to five years in prison for the DUX third conviction within five years, and then suspended four years ofthe sentence; one year in prison for driving while suspended, third conviction within ten years, and then suspended the sentence; and then placed Braun on Dockets.Justia.com Case 1:22-cv-00612-CMH-JFA Document 12 Filed 08/29/22 Page 2 of 6 PageID# 53 Case 1:22-cv-00612-CMH-JFA Document 12 Filed 08/29/22 Page 3 of 6 PageID# 54 Case 1:22-cv-00612-CMH-JFA Document 12 Filed 08/29/22 Page 4 of 6 PageID# 55 Case 1:22-cv-00612-CMH-JFA Document 12 Filed 08/29/22 Page 5 of 6 PageID# 56 Case 1:22-cv-00612-CMH-JFA Document 12 Filed 08/29/22 Page 6 of 6 PageID# 57
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