Coward v. Clarke, No. 1:2019cv01351 - Document 14 (E.D. Va. 2020)
Court Description: MEMORANDUM OPINION. Signed by District Judge Leonie M. Brinkema on 6/11/2020. (c/m 6/11/2020 shea)
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Coward v. Clarke Doc. 14 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Kalvin Donnell Coward, Petitioner, l:19-cv-1351(LMB/TCB) V. Harold W.Clarke, Respondent. MEMORANDUM OPINION Petitioner Kalvin Donnell Coward("Coward" or "petitioner"), a Virginia inmate proceeding pro filed this petition for a writ of habeas corpus, pursuant to 28 U.S.C. ยง 2254, challenging the April 18, 2018 Deep Meadows Correctional Center("DMCC")disciplinary hearing at which he was found guilty of Offense Code 122C (being under the influence of any unprescribed drug). [Dkt. No. 1 at 1,15], Coward alleges the conviction resulted in his good time release date being changed from July 27,2023 to October 21, 2028. Respondent has filed a Motion to Dismiss, with a supporting brief, and Coward has been afforded the opportunity 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 will be granted, and the petition will be dismissed. 1. Procedural History On March 29, 2018, Officer Caprio collected a urine sample from Coward and submitted it for testing. On April 9,2018, Caprio was notified tliat the sample tested positive for marijuana. As a result, Caprio served Coward with a disciplinary offense report citing him for violating Offense Code 122C (being under the influence of any unprescribed drug). (Hab. R. at 36). At the disciplinary hearing held on April 12,2018, Coward pleaded not guilty to the Dockets.Justia.com
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