Goodson v. Director of VDOC

Filing 24

MEMORANDUM OPINION. SEE OPINION for complete details. It is so ORDERED. Signed by District Judge Robert E. Payne on 07/10/2018. Copy mailed to Petitioner as directed.(ccol, )

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

Richmond Division

DUANE PHILIP GOODSON,
Petitioner,
V.

Civil Action No. 3:17CV490

DIRECTOR OF VDOC,

Respondent.
HEHORANDUH OPINION

Duane Phillip Goodson, a Virginia prisoner proceeding pro

se, brings this petition for a writ of habeas corpus under 28
U.S.C. § 2254 ("§ 2254 Petition," ECF No. 2.).

In his § 2254

Petition, Goodson argues that he is entitled to relief on the
following ground;
Claim One:

"The

trial

sentencing

court

abused

[Goodson]

instead of robbery."

its

to

discretion

armed

in

robbery

(Id. at 6.)^

Respondent has moved to dismiss on the ground that Goodson's

claim is procedurally defaulted and barred from review here, or
in the alternative, that his claim lacks merit.

responded. (ECF No. 18.)^

Goodson has

The matter is ripe for disposition.

For the reasons stated below, the Court will grant the Motion to
Dismiss and dismiss the action.

^ The Court corrects the capitalization and punctuation in
the quotations from Goodson's submissions.

^ Goodson submitted his Response twice.
19.)

(See ECF Nos. 18,