Prostell v. Fleming

Filing 22

MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 9/4/2018. (aott,c/m 9/5/2018)

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

Carl Prostell,
Petitioner,

I:17cvl328(LO/TCB)

V.

David Zook,
Respondent.
MEMORANDUM OPINION

Carl Prostell, a Virginia inmate proceeding pro

has filed a petition for a writ of habeas

corpus, pursuant to 28 U.S.C. § 2254, challenging the constitutionality of his convictions in the

Circuit Court for the City of Newport News. Respondent filed a Motion to Dismiss and Rule 5

Answer, along with a supporting brief and exhibits. Dkt. Nos. 15-17. Petitioner was given the
opportunity to file responsive materials pursuant to Roseboro v. Garrison. 528 F.2d 309(4th Cir.
1975)and Local Rule 7K. Dkt. No. 18. Petitioner filed a response. Dkt. No.21. 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.
I. Bacl^round

The record reflects the following. Petitioner is detained pursuant to a final judgment of
the Circuit Court for the City ofNewport News,entered April 16, 2014. Commonwealth v.

Prostell. Case Nos. 00347-13,00406-13. Petitioner was convicted by ajudge ofone count of
aggravated malicious wounding,in violation of Virginia Code § 18.2-51.2(A), and one count of

violation ofa protective order resulting in serious bodily injury, in violation of Virginia Code §