Blount v. Clarke, No. 1:2019cv00540 - Document 22 (E.D. Va. 2020)
Court Description: MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 7/24/2020. (aott,c/m 7/27/2020)
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Blount v. Clarke Doc. 22 Case 1:19-cv-00540-LO-TCB Document 22 Filed 07/27/20 Page 1 of 9 PageID# 288 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Brian Keith Blount, Petitioner, I:19cv540(LO/TCB) V. Harold W.Clarke, Respondent. MEMORANDUM OPINION Brian Keith Blount, 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 for two counts ofthird-offense petty larceny and one coimt of misdemeanor failure to appear in the Circuit Court ofthe City of Virginia Beach. (Case Nos. CRl4-2845 and CRI5-2374). Respondent has filed a Motion to Dismiss, with a supporting brief, and Blount has been notified of the opportimity to file responsive materials pursuant to Roseboro v. Garrison. 528 F.2d 309 (4th Cir. 1975). Accordingly, this matter is now ripe for disposition. For the reasons that follow, respondent's Motion to Dismiss must be granted, and the petition will be dismissed. I. Procedural History On September 30,2015, Blount pleaded guilty to two counts ofthird-offense petty larceny and misdemeanor failure to appear in the Virginia Beach Circuit Court. (Case Nos. CR14-2845 and CR15-2374). On July 13,2016, the circuit court sentenced Blount to five years' in prison on each count ofthird-offense petty larceny and thirty days in jail for his failure to appear and suspended all ofthe sentences. The court also revoked the suspended time in four other cases(Case Nos. CROO-201, CR00247, CR09-2032, and CR06-1271), and then resuspended all but eight years and three months. The court entered judgment on all the cases Dockets.Justia.com Case 1:19-cv-00540-LO-TCB Document 22 Filed 07/27/20 Page 2 of 9 PageID# 289 Case 1:19-cv-00540-LO-TCB Document 22 Filed 07/27/20 Page 3 of 9 PageID# 290 Case 1:19-cv-00540-LO-TCB Document 22 Filed 07/27/20 Page 4 of 9 PageID# 291 Case 1:19-cv-00540-LO-TCB Document 22 Filed 07/27/20 Page 5 of 9 PageID# 292 Case 1:19-cv-00540-LO-TCB Document 22 Filed 07/27/20 Page 6 of 9 PageID# 293 Case 1:19-cv-00540-LO-TCB Document 22 Filed 07/27/20 Page 7 of 9 PageID# 294 Case 1:19-cv-00540-LO-TCB Document 22 Filed 07/27/20 Page 8 of 9 PageID# 295 Case 1:19-cv-00540-LO-TCB Document 22 Filed 07/27/20 Page 9 of 9 PageID# 296
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