Hackley v. Clarke, No. 1:2018cv01451 - Document 27 (E.D. Va. 2020)
Court Description: MEMORANDUM OPINION. Signed by District Judge Leonie M. Brinkema on 2/3/2020. (dvanm, c/m 2/3/2020)
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Hackley v. Clarke Doc. 27 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Dominique Alexander Hackley, Petitioner, I;18cvl451(LMB/TCB) V. Harold W.Clarke, Respondent. MEMORANDUM OPINION Dominique Hackley("Hackley" or "petitioner"), a Virginia inmate proceeding pro se, has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254,challenging his nine convictions(two counts ofrobbery in violation of Va. Code § 18.2-58; two coimts of abduction with the intent to obtain pecuniary benefit in violation of Va. Code § 18.2-48; four counts of using a firearm in commission ofa felony in violation of Va. Code § 18.2-53.1; and one count of armed statutory burglary in violation of Va. Code § 18.2-90).[Dkt. No. 1]. Respondent has filed a motion to dismiss and Rule 5 answer, along with a supporting brief.[Dkt. Nos. 17-19]. Hackley received the notice required by Local Rule 7(K)and Roseboro v. Garrison. 528 F.2d 309(4th Cir. 1975), and opposes respondent's submission.[Dkt. Nos. 20,22]. For the reasons that follow, respondent's motion to dismiss will be granted. I. Bacl^round After a bench trial during which one ofthe victims testified and provided a first-hand account ofthe nine charged crimes,the presiding trial judge found that Hackley was guilty on all counts and sentenced him to a total of eighteen years' imprisonment.[Dkt. No. 1]. At the sentencing hearing, Hackley's attorney asked the trial judge to sentence him to the mandatory minimum sentence and to run concurrently at least two ofthe firearms charges.[Case 1 Dockets.Justia.com
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