Lewis v. Clarke, No. 1:2020cv00282 - Document 21 (E.D. Va. 2020)
Court Description: MEMORANDUM OPINION. Signed by District Judge Claude M. Hilton on 10/19/2020. (choy, )(c/s on 10/19/2020)
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Lewis v. Clarke Doc. 21 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division John Thomas Lewis, Petitioner, ) ) V. ) ) Harold W.Clarke, Respondent. ) ) ) l:20cv282(CMH/JFA) MEMORANDUM OPINION John Thomas Lewis, a Virginia inmate proceeding pro has filed a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, alleging constitutional violations in connection with his December 17, 2013 convictions in the Circuit Court of Caroline County for malicious wounding and abduction. The § 2254 petition was filed in the United States District Court for the Western District of Virginia [Dkt. Nos. 1 and 2] and transferred to this Court because Lewis is detained pursuant to an order entered by the Circuit Court of Caroline County, which is within the Eastem District of Virginia. The respondent filed a Rule 5 Answer and a Motion to Dismiss with a supporting brief and exhibits [Dkt. Nos. 13-15], and Lewis 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. A review ofthe record in this matter establishes that the respondent's Motion to Dismiss must be granted, and the petition must be dismissed with prejudice. I. Background The petitioner was convicted in the Circuit Court of Caroline County of malicious wounding and abduction and is detained pursuant to the circuit court's final order dated December 17, 2013. The circuit court sentenced Lewis to serve ten years in prison, with five Dockets.Justia.com
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