Hall v. Clarke, No. 1:2018cv01036 - Document 29 (E.D. Va. 2019)
Court Description: MEMORANDUM OPINION re 13 Motion to Dismiss. Signed by District Judge Anthony J Trenga on 9/3/2019. (lcre, ) (c/s per ORDER)
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Hall v. Clarke Doc. 29 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Kenneth C.Hall, Petitioner, I:18cvl036(AJT/TCB) V. Harold W.Clarke, Respondent. MEMORANDUM OPINION Kenneth Carlos Hall("Hall" or "petitioner"), a Virginia inmate proceeding pro filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, claiming that his trial and conviction were plagued by reversible error. On December 13,2018, respondent, through counsel, filed a Motion to Dismiss and Rule 5 Answer supported by a legal brief and documentary exhibits. Dkt. Nos. 13-15. Petitioner later filed two oppositions to respondent's Motion. Dkt. Nos. 20,22. For the reasons outlined below, respondent's Motion to Dismiss will be granted, and the underlying petition for writ of habeas corpus will be dismissed. 1. Background On April 10,2014,ajudge ofthe Circuit Court of Loudoun County found petitioner guilty of possession of burglarious tools and felony petit larceny, third or subsequent offense.' Dkt. No. 15-1. On September 24,2014,the Circuit Court imposed upon Hall a sentence of fifteen years imprisonment with ten years and seven months ofthat period suspended,resulting in an active sentence offour years and five months. Id Hall did not timely appeal his convictions. Record No. 151459. Instead, he filed actions in this Court and in the Supreme Court of Virginia. First, on September 19,2014, petitioner filed 'The relevant statutes under which petitioner was charged are Va. Code § 18.2-94 and § 18.2-96 & § 18.2-104, respectively. Dockets.Justia.com
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