Brown v. Pixley

Filing 15

MEMORANDUM OPINION re: 8 MOTION to Dismiss by W. Pixley. Signed by District Judge James C. Cacheris on 12/12/2012. Copies sent per order.(stas)

IN THE UNITED STATES DISTRICT COURT FOR T&£

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EASTERN DISTRICT OF VIRGINIA

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Alexandria Division

William Alexander Brown,
Petitioner,

EG I 2 2012

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W. Pixley,
Respondent.
MEMORANDUM OPINION

William Alexander Brown, a Virginia inmate proceeding pjro se, has filed a petition for a
writ of habeas corpus, pursuant to 28 U.S.C. § 2254, challenging the constitutionality of his
conviction of robbery, malicious wounding, and cutting or wounding in the commission of a
felony following a jury trial in the Circuit Court for the City of Suffolk, Virginia. On July 17,

2012, respondent filed a Rule 5 Answer accompanied by a Motion to Dismiss and supporting
brief. Petitioner was given the opportunity to file responsive materials, pursuant to Roseboro v.
Garrison, 528 F.2d 309 (4th Cir. 1975), and he has filed a response. Accordingly, this matter is
now ripe for disposition. For the reasons that follow, respondent's Motion to Dismiss must be
granted, and the petitioner's claims must be dismissed.
I. Background

Petitioner is incarcerated pursuant to a final judgment of the Circuit Court for the City of
Suffolk, Virginia, entered on June 17,2009. R. No. CR08001332-00. Following a jury trial,

petitioner was convicted of robbery, malicious wounding, and cutting or wounding in the
commission of a felony. Id. Petitioner was sentenced to a total term in prison of thirty-eight
years, with twenty-six years suspended. Id

Petitioner appealed his conviction to the Court of Appeals of Virginia, alleging that the