-TCB Mandanapu v. Everett, No. 1:2010cv01167 - Document 12 (E.D. Va. 2011)
Court Description: MEMORANDUM OPINION re: motion to dismiss. Signed by District Judge Leonie M. Brinkema on 9/15/11. (nmck, ) Modified on 9/16/2011 to edit text(nmck, ).
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IN THE UNITED STATES DISTRICT COURT FOR THEp EASTERN DISTRICT OF VIRGINIA IP I 5 20!! Alexandria Division u CLERK U.S.D1S1R1CT COl'Bf ; Praveen Kumar Mandanapu, At r X* ¢' ¢" PjAJ/^'"-'''::A Petitioner, l:10cvll67(LMB/TCB) David B. Everett, Respondent. MEMORANDUM OPINION Praveen Kumar Mandanapu, a Virginia inmate proceeding through counsel, has filed a petition for awrit ofhabeas corpus, pursuant to 28 U.S.C. §2254, challenging the validity ofhis first degree murder conviction inthe Loudoun County Circuit Court. Incorporated within the petition is arequest foranevidentiary hearing. Respondent filed a Motion to Dismiss and Rule 5 Answer, with asupporting briefand numerous exhibits. Mandanapu filed areply on February 28,2011. By Order dated June 20, 2011, the parties were directed to file supplemental briefs addressing the effect of Cullenv.Pinholster. 131 S.Ct. 1388 (2011), on petitioner's request for an evidentiary hearing. For the reasons that follow, the Motion to Dismiss will be granted, and the request for an evidentiary hearing will be denied. I. Background On June 14,2004, a maintenance worker at an apartment complex found the dismembered bodyofpetitioner's wife Divya Mandanapu ("Divya"). Thebody was in a duffel bagthathadbeen placed inside a suitcase tied with white twine. SeePet. 3, ECF No. 1. An autopsy performed on June 15 revealed that the cause of death was head and neck trauma and that Divya's limbs had been '
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