Allen v. Clarke, No. 1:2015cv00345 - Document 11 (E.D. Va. 2015)

Court Description: MEMORANDUM OPINION re: Respondent's Motion to Dismiss. Signed by District Judge James C. Cacheris on 11/17/15. (pmil, )

Download PDF
Allen v. Clarke Doc. 11 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Terrance Lorenzo Allen, Petitioner, I:15cv345 (JCC/JFA) v. Harold W. Clarke, Respondent. MEMORANDUM OPINION Terrance Lorenzo Allen, a Virginia inmate proceeding pro se, has filed a petition for a writ of habeas corpus, pursuant to 28 U.S.C. ยง 2254. Respondent has filed a Motionto Dismiss and a Rule 5 Answer, accompanied by a supporting brief. Petitioner was given the opportunity to file responsive materials, pursuant to Roseboro v. Garrison. 528 F.2d 309 (4th Cir. 1975), and he has not filed a response. For the reasons that follow, petitioner'sclaims must be dismissed. I. Background On May 17,2004, petitioner pled guilty inthe Circuit Court of Stafford County to robbery and malicious wounding. Commonwealth v. Allen. Case No. CR0300698-00 and -01. On July 19,2004, he was sentenced to ten years in prison, with eight years suspended, for malicious wounding; and thirty years in prison, with twenty-eight years suspended, for robbery. On July 7, 2008, a probation violation report was filed in the circuit court and a capias warrant was issued. On December 19, 2008, petitioner pled guilty tothe probation violation and the court revoked three years ofhis suspended sentences. Allen did not appeal. On May 25, 2012, a second probation violation proceeding was filed in the circuit court and another capias warrant was issued. On June 7, 2013, petitioner pled guilty to the violation and the court suspended the remaining thirty-three years of his suspended sentences. Dockets.Justia.com

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.