Roberts v. Clark, No. 1:2020cv01011 - Document 20 (E.D. Va. 2021)
Court Description: MEMORANDUM OPINION in re 10 MOTION to Dismiss. Signed by District Judge Liam O'Grady on 05/10/2021. (dvanm, c/m 5/10/2021)
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Roberts v. Clark Doc. 20 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Norman Michael Roberts, Petitioner, ) ) ) V. ) Harold Clarke, Respondent. ) ) l;20cvl011(LO/MSN) ) MEMORANDUM OPINION Norman Michael Roberts("Roberts" or "petitioner"), a Virginia inmate proceeding pro se, filed a petition for a writ of habeas corpus, pursuant to 28 U.S.C. ยง 2254, challenging his August 26,2016 convictions for manufacturing methamphetamine and conspiracy to manufacture methamphetamine in the Circuit Court of Spotsylvania County.[Dkt. No. 1]. The respondent has filed a Rule 5 Answer and a Motion to Dismiss, with supporting briefs and exhibits.[Dkt. No. 10,11]. On November 2,2020, the petitioner was given the opportunity to file responsive materials pursuant to Roseboro v. Garrison. 528 F.2d 309(4th Cir. 1975)and Local Rule 7(K)to the motion to dismiss and Roberts has responded.[Dkt. No. 17]. Accordingly,this matter is now ripe for disposition. For the reasons that follow,the Court has determined that respondent's Motion to Dismiss will be granted, and the petition will be dismissed with prejudice. I. Background A jury trial was held on June 14, 2016, Roberts was convicted of manufacturing methamphetamine and conspiracy to manufacture methamphetamine. The trial court imposed the jury's sentences of20 years' in prison for manufacturing methamphetamine and 10 years' in prison Dockets.Justia.com
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