Booker, Jr. v. Clarke et al

Filing 30

MEMORANDUM OPINION. Signed by District Judge James C. Cacheris on 9/8/2016. (dvanm, )

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

Walter Delaney Booker, Jr.,
Petitioner,

I:15cv781 (JCC/JFA)

v.

Harold W. Clarke,
Respondent.
MEMORANDUM OPINION

Walter Delaney Booker, Jr., a Virginia inmate proceeding rjro se, has filed a petition for a
writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging the constitutionalityof his

conviction of possession with intent to distribute heroin entered on a plea of guilt)' in the Circuit

Courtof the City of Portsmouth. Petitioner also challenges the revocation of a previouslysuspended sentence for possessionof cocaine with the intent to distribute and the imposition of
an eight-year prison term. On December 29, 2015, respondent filed a Motion to Dismiss and

Rule 5 Answer, along with a supporting brief. Booker was provided the opportunity to file
responsive materials, pursuant to Roseboro v. Garrison. 528 F.2d 309 (4th Cir. 1975) and Local

Rule 7K, and after receiving an extension of time to do so he several replies, captioned as a
Motion to Refer to Previous Submitted Exhibits and Briefs, an Objection to Answer to

Complaint [and] Motion to Dismiss, a Declaration, and a Declaration of Authenticity of Exhibits
with several exhibits attached. Accordingly, the matter is now ripe for disposition. For the
reasons that follow, respondent's Motion to Dismiss will be granted, and the petition will be
dismissed, with prejudice. Petitioner's Renewed Motion for Evidentiary Hearing will be denied.
I. Background

The facts underlying the instant petition were succinctly described on petitioner's belated