Perry v. Correct Care Solutions, LLC, et. al.

Filing 40

MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 12/18/2018. (lcre, )(c/s to Petitioner Pro Se)

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

Gregory Perry,
Petitioner,
I:17cv664(LO/IDD)

V.

Harold W.Clarke,
Respondent.
MEMORANDUM OPINION

Gregory Perry, a former Virginia inmate proceeding pro

filed this petition for a writ of

habeas corpus pursuant to 28 U.S.C. § 2254,challenging a conviction of unlawful wounding
entered in the Circuit Court of Chesterfield County. The matter comes before the Court on a

Motion to Dismiss the petition filed by the respondent, to which petitioner has filed a response in
opposition. For the reasons which follow, the Motion to Dismiss will be granted, and the petition
will be dismissed, with prejudice.
1. Background

On February 9, 2015,following ajury trial. Perry was convicted of unlawful wounding
and was sentenced to serve three years and six months in prison. Case No. CR14F02202-01;
Resp. Ex. 1. The Court of Appeals of Virginia denied his appeal by a per curiam order on
January 13, 2016. Perrv v. Commonwealth. R. No.0497-15-2(4th Cir. Jan. 13, 2016); Resp.

Ex. 2. A three-judge panel subsequently denied review, and rehearing en banc was denied on

March 4,2016. Id On May 18,2017,the Supreme Court of Virginia affirmed the conviction.
Perrv v. Commonwealth. R. No. 160530(Va. May 18,2017); Resp. Ex. 3.

Although the Supreme Court of Virginia awarded Perry three assignments oferror, two