Prostell v. Zook, No. 1:2017cv01328 - Document 22 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 9/4/2018. (aott,c/m 9/5/2018)
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Prostell v. Zook Doc. 22 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Carl Prostell, Petitioner, I:17cvl328(LO/TCB) V. David Zook, Respondent. MEMORANDUM OPINION Carl Prostell, a Virginia inmate proceeding pro has filed a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, challenging the constitutionality of his convictions in the Circuit Court for the City of Newport News. Respondent filed a Motion to Dismiss and Rule 5 Answer, along with a supporting brief and exhibits. Dkt. Nos. 15-17. Petitioner was given the opportunity to file responsive materials pursuant to Roseboro v. Garrison. 528 F.2d 309(4th Cir. 1975)and Local Rule 7K. Dkt. No. 18. Petitioner filed a response. Dkt. No.21. 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. I. Bacl^round The record reflects the following. Petitioner is detained pursuant to a final judgment of the Circuit Court for the City ofNewport News,entered April 16, 2014. Commonwealth v. Prostell. Case Nos. 00347-13,00406-13. Petitioner was convicted by ajudge ofone count of aggravated malicious wounding,in violation of Virginia Code § 18.2-51.2(A), and one count of violation ofa protective order resulting in serious bodily injury, in violation of Virginia Code § Dockets.Justia.com
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