Booker, Jr. v. Clarke et al, No. 1:2015cv00781 - Document 30 (E.D. Va. 2016)
Court Description: MEMORANDUM OPINION. Signed by District Judge James C. Cacheris on 9/8/2016. (dvanm, )
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Booker, Jr. v. Clarke et al Doc. 30 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Walter Delaney Booker, Jr., Petitioner, I:15cv781 (JCC/JFA) v. Harold W. Clarke, Respondent. MEMORANDUM OPINION Walter Delaney Booker, Jr., a Virginia inmate proceeding rjro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. ยง 2254, challenging the constitutionalityof his conviction of possession with intent to distribute heroin entered on a plea of guilt)' in the Circuit Courtof the City of Portsmouth. Petitioner also challenges the revocation of a previouslysuspended sentence for possessionof cocaine with the intent to distribute and the imposition of an eight-year prison term. On December 29, 2015, respondent filed a Motion to Dismiss and Rule 5 Answer, along with a supporting brief. Booker was provided the opportunity to file responsive materials, pursuant to Roseboro v. Garrison. 528 F.2d 309 (4th Cir. 1975) and Local Rule 7K, and after receiving an extension of time to do so he several replies, captioned as a Motion to Refer to Previous Submitted Exhibits and Briefs, an Objection to Answer to Complaint [and] Motion to Dismiss, a Declaration, and a Declaration of Authenticity of Exhibits with several exhibits attached. Accordingly, the 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, with prejudice. Petitioner's Renewed Motion for Evidentiary Hearing will be denied. I. Background The facts underlying the instant petition were succinctly described on petitioner's belated Dockets.Justia.com
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