Perry v. Correct Care Solutions, LLC, et. al., No. 1:2017cv00664 - Document 40 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 12/18/2018. (lcre, )(c/s to Petitioner Pro Se)
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Perry v. Correct Care Solutions, LLC, et. al. Doc. 40 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Gregory Perry, Petitioner, I:17cv664(LO/IDD) V. Harold W.Clarke, Respondent. MEMORANDUM OPINION Gregory Perry, a former Virginia inmate proceeding pro filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. ยง 2254,challenging a conviction of unlawful wounding entered in the Circuit Court of Chesterfield County. The matter comes before the Court on a Motion to Dismiss the petition filed by the respondent, to which petitioner has filed a response in opposition. For the reasons which follow, the Motion to Dismiss will be granted, and the petition will be dismissed, with prejudice. 1. Background On February 9, 2015,following ajury trial. Perry was convicted of unlawful wounding and was sentenced to serve three years and six months in prison. Case No. CR14F02202-01; Resp. Ex. 1. The Court of Appeals of Virginia denied his appeal by a per curiam order on January 13, 2016. Perrv v. Commonwealth. R. No.0497-15-2(4th Cir. Jan. 13, 2016); Resp. Ex. 2. A three-judge panel subsequently denied review, and rehearing en banc was denied on March 4,2016. Id On May 18,2017,the Supreme Court of Virginia affirmed the conviction. Perrv v. Commonwealth. R. No. 160530(Va. May 18,2017); Resp. Ex. 3. Although the Supreme Court of Virginia awarded Perry three assignments oferror, two Dockets.Justia.com
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