Felton v. Clarke, No. 1:2019cv01216 - Document 16 (E.D. Va. 2020)
Court Description: MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 7/10/2020. (See order for further details). (acha, ) Copies sent as directed in the order.
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Felton v. Clarke Doc. 16 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Clayton Lee Felton, Petitioner, I:19cvl216(LO/MSN) V. Harold W.Clarke, Respondent. MEMORANDUM OPINION Proceeding pro se, Virginia inmate Clayton Felton ("Felton" or "petitioner")filed a petition for writ of habeas corpus under 28 U.S.C. § 2254, challenging the validity of his convictions—entered in the Circuit Court for the City of Martinsville—of carnal knowledge, inanimate objection penetration, sodomy, and aggravated sexual battery. See Dkt. No. 1. Respondent has filed a motion to dismiss and Rule 5 Answer, supported by a legal brief. See Dkt. Nos. 4-6. Petitioner, despite having been provided the notice required by Local Civil Rule 7(K)and Roseboro v. Garrison. 528 F.2d 309(4th Cir. 1975)[Dkt. No. 7], did not file an opposition to respondent's motion.' For the reasons explained below, respondent's motion to dismiss will be granted, and Felton's petition for writ of habeas corpus will be dismissed. I. Background On October 8,2015, in the Circuit Court for the City of Martinsville, a jury convicted Felton ofthree counts ofsodomy,three counts ofaggravated sexual assault, one count of carnal 'Petitioner did, however, file a somewhat cryptic message appended to which are copies of institutional requests for access to Sussex I State Prison's Law Library. See Dkt. No. 15. Petitioner asserts that the documents "show[] another way the state obstructs prisoners in legal matters...." Dkt. No. 15. This filing does not appear in any way responsive to respondent's motion to dismiss and is thus not construed as response to the motion. Dockets.Justia.com
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