Bowman v. Clarke

Filing 19

MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 07/20/2018. Copy mailed to Petitioner. (walk, )

n
IK THE UNITED STATES DISTRICT COURT

II

ig

JUL 2 3 2018

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division

CLERK. U S. DtSTRICT COURT
RICHMOND VA

JIMMY LYMONNE BOWMAN,
Petitioner,
V.

Civil Action No. 3:17CV381

HAROLD CLARKE,

Respondent.
MEMORANDUM OPINION

Jimmy Bowman, a Virginia inmate proceeding pro se, brings
this petition pursuant to 28 U.S.C. § 2254 ("§ 2254 Petition,"
ECF No. 1).

Bowman contends that he is entitled to relief upon

the following grounds:
Claim One

Petitioner
assistance

failed
to
receive
the
effective
counsel because
counsel did
not

of

object to prosecution's evidence reflecting that
Petitioner had a prior conviction.
(§ 2254 Pet.
6.)

Claim Two

Petitioner's

appellate

counsel

performed

deficiently when ^'he failed to properly argue how
the Court of Appeals of Virginia erred in
accordance
with
Supreme
Court
of
Va.
rule
5:17(c)(1)(iii) but simply presented
argument that was presented to the
Appeals." (Id. at 7.)

Respondent moves

to

dismiss, inter

Bowman's claims lack merit.

alia,

on

the

the same
Court of

grounds that

For the reasons set forth below the

Motion to Dismiss (ECF No. 12) will be granted.

'