Jefferson v. Commonwealth

Filing 23

MEMORANDUM OPINION. Signed by District Judge Gerald Bruce Lee on 3/8/16. (gwalk, )

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

Alexandria Division

Christopher Eugene Jefferson,
Petitioner,

I:15cv444 (GBL/MSN)

V.

Commonwealth of Virginia,
Respondent.
MEMORANDUM OPINION

This Matter comes before the Court on respondent's Motion to Dismiss this petition for a

writ of habeas corpus pursuantto 28 U.S.C. § 2254, whichwas filed pro se by Christopher

Eugene Jefferson, a Virginia inmate. Petitioner challenges the constitutionality of his conviction
of possession with intent to distribute more than 100 kilograms of cocaine in the Circuit Court

for Spotsylvania County. After respondent moved to dismiss the petition, Jefferson 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 hehas filed a response.' After careful consideration,

respondent's Motion to Dismiss will be granted for the reasons that follow, and the petition will
be dismissed, with prejudice.
L Background

On August 27,2012, following a bench trial, petitioner was convicted ofpossession with

'On June 9,2015, petitioner filed a Motion to Continue inwhich he sought an extension oftime
to reply to the Motion to Dismiss. (Dkt.No. 14) Petitioner's request was granted in an Order entered
June 16,2015.(Dkt.No. 16) In the meantime, aduplicate ofthe Motion to Continue was docketed
and remains pending. (Dkt. No. 15) As petitioner filed his reply to the Motion to Dismiss on July
15,2015,the pending Motion to Continue will be denied, as moot.