United States District Court, E.D. Virginia, Richmond Division
ANTONIO C. MONROE, Petitioner,
DIRECTOR OF THE VIRGINIA DEPARTMENT OF CORRECTIONS, Respondent.
A. Gibney, Jr. United States District Judge.
C. Monroe, a Virginia state prisoner proceeding pro
se, brings this petition pursuant to 28 U.S.C. §
2254 ("§ 2254 Petition, " ECF No. 1).
Respondent moves to dismiss. Monroe has responded, and has
also filed a Motion to Strike Respondent's Rule 5 Answer
("Motion to Strike, " ECF No. 12). For the reasons
stated below, the Motion to Dismiss (ECF No. 7) will be
GRANTED IN PART and DENIED WITHOUT PREJUDICE IN PART, and
Monroe's Motion to Strike (ECF No. 12) will be DENIED AS
3, 2014, in the Circuit Court for the City of Virginia Beach,
Virginia ("Circuit Court"), Monroe pled guilty to
possession with the intent to distribute cocaine; possession
of a firearm by a non-violent felon; conspiracy to
manufacture, sell, give, or distribute cocaine; and
possession with the intent to distribute cocaine, second or
subsequent offense. (ECF No. 2-1, at 2.) On October 2, 2014,
the Circuit Court entered judgment against Monroe and
sentenced him to a total of 42 years of imprisonment, with
all but seven years and six months suspended.
Commonwealth v. Monroe, No. CR13-3506, at 2 (Va.
Cir. Ct. Oct. 2, 2014). Monroe did not appeal.
January 15, 2014, Monroe filed a petition for a writ of
habeas corpus in the Circuit Court. Petition for Writ of
Habeas Corpus at 1, Monroe v. Dir. of the Dep 7
of Corr., No. CL15-132 (Va. Cir. Ct. filed Jan. 15,
2014). On April 23, 2015, Monroe filed a Motion for Nonsuit.
Petitioner's Motion for Nonsuit at 1, Monroe v. Dir.
of the Dep't of Corr., No. CL15-132 (Va. Cir. Ct.
filed Apr. 23, 2015). On April 28, 2015, the Circuit Court
granted Monroe's motion and nonsuited his petition for a
writ of habeas corpus. Monroe v. Dir. of the Dep't of
Corr., No. CL15-132, at 1 (Va. Cir. Ct. Apr. 28, 2015).
September 28, 2015, Monroe filed a petition for a writ of
habeas corpus in the Supreme Court of Virginia. Petition for
Writ of Habeas Corpus at 1, Monroe v. Clarke, No.
151451 (Va. filed Sept. 28, 2015). In his petition, Monroe
raised the following claim for relief:
Claim One: "The defense attorney did not adequately
communicate with him or investigate his case. The fact that
the officers had no search warrant or affidavit at the time
of entry was not argued by his attorney, therefore overlooked
by the courts." (Id. at 8.)
16, 2016, the Supreme Court of Virginia dismissed
Monroe's habeas petition. (ECF No. 9-1, at 2.)
Monroe filed his § 2254 Petition, in which he raises the
following claims for relief:
Claim One: "The petitioner has offered a valid reason
why he should not be bound by his representation at trial
that his counsel's performance was adequate."
(Id. at 5.)
Claim Two: "The search upon which the prosecutor relied
exclusively for physical, damning evidence violated the
Fourth and Fourteenth Amendments to the U.S. Constitution
[and] their Virginia counterparts based upon the facial
invalidity of the search warrant." (Id. at 6.)
Claim Three: "The chain of custody of the items of
evidence eventually alleged to have been seized at the
residence was clearly, unambiguously, and unequivocally
broken when other individuals were in the residence for long
periods immediately prior to the search when the defendant
was not present." (Id. at 8.)
Claim Four: "Monroe was deprived of his right to the
effective assistance of counsel guaranteed by the Sixth and
Fourteenth Amendments when counsel failed and refused to
raise the issues set forth herein above and argue them before
the state court." (Id. at 10.)