Lewis v. Clarke

Filing 21

MEMORANDUM OPINION. Signed by District Judge Claude M. Hilton on 10/19/2020. (choy, )(c/s on 10/19/2020)

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

John Thomas Lewis,
Petitioner,

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V.

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Harold W.Clarke,
Respondent.

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l:20cv282(CMH/JFA)

MEMORANDUM OPINION

John Thomas Lewis, a Virginia inmate proceeding pro

has filed a petition for a writ of

habeas corpus, pursuant to 28 U.S.C. § 2254, alleging constitutional violations in connection

with his December 17, 2013 convictions in the Circuit Court of Caroline County for malicious
wounding and abduction. The § 2254 petition was filed in the United States District Court for
the Western District of Virginia [Dkt. Nos. 1 and 2] and transferred to this Court because Lewis

is detained pursuant to an order entered by the Circuit Court of Caroline County, which is within
the Eastem District of Virginia. The respondent filed a Rule 5 Answer and a Motion to Dismiss

with a supporting brief and exhibits [Dkt. Nos. 13-15], and Lewis has been afforded the
opportunity to file responsive materials pursuant to Roseboro v. Garrison. 528 F.2d 309(4th Cir.
1975). Accordingly, this matter is now ripe for disposition. A review ofthe record in this

matter establishes that the respondent's Motion to Dismiss must be granted, and the petition must
be dismissed with prejudice.
I. Background

The petitioner was convicted in the Circuit Court of Caroline County of malicious
wounding and abduction and is detained pursuant to the circuit court's final order dated

December 17, 2013. The circuit court sentenced Lewis to serve ten years in prison, with five