Hayes v. Ponton, No. 1:2012cv01126 - Document 21 (E.D. Va. 2013)
Court Description: MEMORANDUM OPINION Re: Respondent's Motion to Dismiss. Signed by District Judge Anthony J Trenga on 07/11/13. (pmil)
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Hayes v. Ponton Doc. 21 v~ IN THE UNITED STATES DISTRICT COURT FO^THE || EASTERN DISTRICT OF VIRGINIA fp I JUL 1 1 2013 Alexandria Division Tino Devont Hayes, JJ CLERK, U.S. DISTRICT COURT ) ) ) Petitioner, jl, ALEXANDRIA, VIRGINIA l:12cvl!26(AJT/IDD) v. ) ) ) Henry Ponton, Respondent. MEMORANDUM OPINION Tino Devont Hayes, a Virginia inmate proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. ยง 2254, challenging the constitutionality of his conviction of second degree murder and related firearms offenses in the Circuit Court of the City of Richmond. On January 17, 2013, respondent filed a Motion to Dismiss and Rule 5 Answer, along with a supporting brief and exhibits. Hayes was given the opportunity to file responsive materials, pursuant to Roseboro v. Garrison. 528 F.2d 309 (4th Cir. 1975) and Local Rule 7(K), and he filed a reply. For the following reasons, respondent's Motion to Dismiss will be granted, and the petition will be dismissed, with prejudice. I. Background On December 8,2008, Hayes was convicted following a jury trial of second degree murder and two corresponding counts of using a firearm in the commission of murder and robbery. He was sentenced to an aggregate term of fifty-four (54) years and six (6) months in prison, with six (6) months suspended. Case Nos. CR08-F0844 through -0847; Resp. Ex. A. In its opinion affirming the convictions on direct appeal, the Court ofAppeals ofVirginia"^ Dockets.Justia.com
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