Burke v. Clarke, No. 1:2012cv00755 - Document 12 (E.D. Va. 2012)

Court Description: MEMORANDUM OPINION. Signed by District Judge Leonie M. Brinkema on 11/26/2012. (rban, )

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,p i I .ii IN THE UNITED STATES DISTRICT COURT FOR the EASTERN DISTRICT OF VIRGINIA Alexandria Division Conrad A. Burke, Petitioner, v. Harold Clarke, Respondent. NOV 2 6 2012 CLERK U.S. DISTRICT COURT ) ) ) ) ) ) ) AiF'XANDRIA, VIRGINIA l:12cv755(LMB/TCB) MEMORANDUM OPINION Conrad A. Burke, a Virginia inmate proceeding pro se, has filed a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, challenging the constitutionality of a disciplinary conviction.1 On September 17,2012, respondent filed a Rule 5 Answer accompanied by a Motion to Dismiss and supporting brief. Petitioner was given the opportunity to file responsive materials pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), and filed a reply on September 25,2012. Accordingly, this matter is now ripe for disposition. For the reasons that follow, respondent's Motion to Dismiss will be granted, and the petition will be dismissed. I. Background Petitioner is confined at Sussex I State Prison. Pet. 2, ECF No. 1. On October 15,2011, petitioner was placed in a special housing unit ("SHU") for a matter unrelated to the incident that gives rise to this petition. Mot. Dismiss Ex. A at 22, ECF No. 6-1. On November 21,2011, Petitioner does notchallenge his underlying state court conviction. Rather, he challenges the duration of his sentence based on the lossof good time credits following his disciplinary conviction. The Fourth Circuit has held that such claims are cognizable in 28 U.S.C. § 2254 habeas petitions. See Rovster v. Polk. 299 Fed. App'x 250,251 (4th Cir. 2008) ("Because [petitioner] challenges the loss of good time credits, [his] action at its core seeks to shorten the length of his confinement. Therefore, the action sounds in habeas."); see also Reaves v. Hester. No. 2:12cv003,2012 WL 2865987, *2 (E.D. Va. July 11,2012) (holdingthat § 2254 is the exclusive remedy for a state prisoner challenging "something other than his conviction," such as loss of good time credits).

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