Pleasants v. Clarke, No. 1:2018cv01259 - Document 19 (E.D. Va. 2019)
Court Description: MEMORANDUM OPINION. Signed by District Judge Claude M. Hilton on 6/19/2019. (rban, )
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Pleasants v. Clarke Doc. 19 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Lance Pleasants, Petitioner, V. ) ) ) ) l:18cvl259(CMH/MSN) ) Harold W.Clarke, Respondent. ) ) MEMORANDUM OPINION Lance Pleasants, a Virginia inmate proceeding pro se, has filed a petition for a writ of habeas corpus, pursuant to 28 U.S.C.ยง 2254,challenging the constitutionality of his convictions in the Circuit Court of King George County. Respondent filed a Motion to Dismiss and Rule 5 Answer,along with a supporting brief and exhibits. Dkt. Nos. 12-13. 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. 14. Petitioner filed a response. Dkt. Nos. 17-18. For the reasons that follow, respondent's Motion to Dismiss will be granted, and the petition will be dismissed, with prejudice. I. Background The record reflects the following. Petitioner is detained pursuant to a final judgment of the Circuit Court of King George Coimty,entered December 3,2015. Case Nos. CR15-24,-27, -142. Pursuant to ajury trial, petitioner was convicted of burglary with intent to commit rape, attempted rape, and malicious wounding. Id Petitioner was sentenced to seventy-eight years imprisonment. Id. Petitioner pursued a direct appeal to the Court of Appeals of Virginia, asserting, among other claims, that there was insufficient evidence to convict him of burglary with intent to Dockets.Justia.com
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