Burns v. Clark

Filing 20

MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 08/20/2018. (dvanm, )

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

Alexandria Division

Aaron M.Burns,
Petitioner,

V.
Harold Clarke,
Respondent.

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l:17cv683(LO/MSN)

MEMORANDUM OPINION

Aaron M.Bums,a Virginia inmate proceeding pro se, has filed a petition for a writ of

habeas corpus, pursuant to 28 U.S.C. § 2254,' challenging his convictions of multiple sex

offenses in the Chesapeake Circuit Court.^ Now before the Court are respondent's Motion to
Dismiss and Rule 5 Answer,along with a supporting brief and exhibits. Dkt. Nos. 11-13.
Petitioner was provided the notice required by Roseboro v. Garrison. 528 F.2d 309(4th Cir.
1975)and Local Rule 7K, Dkt. No. 14, and has filed a response. Dkt. No. 19. For the following

reasons, respondent's Motion to Dismiss will be granted, and the petition will be dismissed, with
prejudice.
I. Background

Aaron Michael Bums,("Bums" or "petitioner"), is in custody pursuant to a March 3,
2015 order ofthe Circuit Court for the City of Chesapeake, Virginia. Dkt. No. 17 at 161-63.

'This is petitioner's second habeas corpus petition in this Court; his first petition
challenged a plea agreement in the Norfolk Circuit Court.
(LO/TCB). Therefore, the instant petition is not successive.

Bums v. Clark. 1:16cvl276

^ Pursuant to a plea agreement. Bums pleaded guilty to one count oftaking indecent
liberties with a child by a person in a custodial role, and two counts of aggravated sexual battery.
See Circuit Court for the City of Chesapeake Case Nos. CR14-669-00, CR14-669-01, and CR14669-03).

^ Also pending is petitioner's Motion for Continuance, Dkt. No. 18, in which he requests
a "thirty(30)day continuance" to file an opposition to the respondent's Motion to Dismiss. That
motion will be denied as moot; however, petitioner's opposition has been considered by the
Court in this Memorandum Opinion.