Hayes v. Ponton
Filing
21
MEMORANDUM OPINION Re: Respondent's Motion to Dismiss. Signed by District Judge Anthony J Trenga on 07/11/13. (pmil)
v~
IN THE UNITED STATES DISTRICT COURT FO^THE ||
EASTERN DISTRICT OF VIRGINIA fp I
JUL 1 1 2013
Alexandria Division
Tino Devont Hayes,
ALEXANDRIA, VIRGINIA
l:12cvl!26(AJT/IDD)
v.
)
)
)
Henry Ponton,
Respondent.
MEMORANDUM OPINION
Tino Devont Hayes, a Virginia inmate proceeding pro se, has filed a petition for a writ of
habeas corpus pursuant to 28 U.S.C. ยง 2254, challenging the constitutionality of his conviction of
second degree murder and related firearms offenses in the Circuit Court of the City of Richmond.
On January 17, 2013, respondent filed a Motion to Dismiss and Rule 5 Answer, along with a
supporting brief and exhibits. Hayes 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), and he filed
a reply.
JJ
CLERK, U.S. DISTRICT COURT
)
)
)
Petitioner,
jl,
For the following reasons, respondent's Motion to Dismiss will be granted, and the
petition will be dismissed, with prejudice.
I. Background
On December 8,2008, Hayes was convicted following a jury trial of second degree
murder and two corresponding counts of using a firearm in the commission of murder and
robbery. He was sentenced to an aggregate term of fifty-four (54) years and six (6) months in
prison, with six (6) months suspended. Case Nos. CR08-F0844 through -0847; Resp. Ex. A.
In its opinion affirming the convictions on direct appeal, the Court ofAppeals ofVirginia"^
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?