Cruz v. Clarke, No. 3:2014cv00022 - Document 14 (E.D. Va. 2015)
Court Description: MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 3/2/2015. Copy sent: Yes (tdai, )
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Cruz v. Clarke Doc. 14 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division JOSE LUIS CRUZ, Petitioner, V. Civil Action No. 3:14CV22 HAROLD W. CLARKE, Respondent. MEMORANDUM OPINION Jose Luis Cruz, a Virginia inmate proceeding pro se, filed this petition for habeas corpus under 28 U.S.C. § 2254 ("§ 2254 Petition," ECF No. 1) challenging his conviction in the Circuit Court of Fairfax County (hereinafter "Circuit Court"). On November 26, 2014, the Magistrate Judge issued a Report and Recommendation that recommended dismissing the action. The Court advised Cruz that he could file objections within fourteen (14) days after the entry of the Report and Recommendation. Cruz filed four objections. (ECFNo. 13.) For the reasons that follow, Cruz's objections will be OVERRULED, the Motion to Dismiss (ECF No. 8) will be GRANTED, and the action will be DISMISSED. L BACKGROUND The Magistrate Judge made the following findings and recommendation: Cruz argues entitlement to relief on the following grounds: Claim One: Counsel rendered ineffective assistance' for not requesting a competency hearing. Claim Two: The Circuit Court violated his due process rights^ by failing to hold a competency hearing. ' "In all criminal prosecutions, the accused shall enjoy the right... to have the Assistance of Counsel for his defence." U.S. Const, amend. VI. ^ "No State shall . . . deprive any person of life, liberty, or property, without due process of law . ..." U.S. Const, amend. XIV, § 1. Dockets.Justia.com
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