Allen v. Clarke

Filing 11

MEMORANDUM OPINION re: Respondent's Motion to Dismiss. Signed by District Judge James C. Cacheris on 11/17/15. (pmil, )

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA

Alexandria Division

Terrance Lorenzo Allen,
Petitioner,

I:15cv345 (JCC/JFA)

v.

Harold W. Clarke,

Respondent.
MEMORANDUM OPINION

Terrance Lorenzo Allen, a Virginia inmate proceeding pro se, has filed a petition for a
writ of habeas corpus, pursuant to 28 U.S.C. § 2254. Respondent has filed a Motionto Dismiss

and a Rule 5 Answer, accompanied by a 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 not filed a response. For the reasons that follow, petitioner'sclaims must be dismissed.
I. Background

On May 17,2004, petitioner pled guilty inthe Circuit Court of Stafford County to
robbery and malicious wounding. Commonwealth v. Allen. Case No. CR0300698-00 and -01.

On July 19,2004, he was sentenced to ten years in prison, with eight years suspended, for

malicious wounding; and thirty years in prison, with twenty-eight years suspended, for robbery.
On July 7, 2008, a probation violation report was filed in the circuit court and a capias warrant
was issued. On December 19, 2008, petitioner pled guilty tothe probation violation and the

court revoked three years ofhis suspended sentences. Allen did not appeal. On May 25, 2012, a
second probation violation proceeding was filed in the circuit court and another capias warrant

was issued. On June 7, 2013, petitioner pled guilty to the violation and the court suspended the
remaining thirty-three years of his suspended sentences.