Tekle v. Clark, No. 3:2018cv00694 - Document 23 (E.D. Va. 2020)

Court Description: MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 4/30/20. (jsau, )

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Tekle v. Clark Doc. 23 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division DANIEL TEKLE, Petitioner, V. Civil Action No. 3:18CV694 HAROLD W. CLARK, Respondent. MEMORANDUM OPINION Daniel Tekle, a Virginia prisoner proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254 ("§ 2254 Petition," ECF No. 14). Respondent filed a SECOND RULE 5 ANSWER AND MOTION TO DISMISS ("Second Motion to Dismiss," ECF No. 19)1 and provided appropriate Roseboro^ notice. responded. (ECF No. 22.) Tekle has The matter is ripe for disposition. I. PROCEDURAL HISTORY A grand jury sitting in the Circuit Court for Loudoun County, Virginia ("Circuit Court") returned an indictment charging Tekle with one count of electronic solicitation of a minor less than fifteen years of age being at least seven years older, in violation 1 The Court denied without prejudice the first Motion to Dismiss because Respondent failed to receive the entire § 2254 Petition due to a clerical error. (ECF No. 15.) ^ Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975). Dockets.Justia.com

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