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Langhorne v. Warden

United States District Court, W.D. Virginia, Roanoke Division

October 23, 2017

DIATATION LAMONT LANGHORNE Petitioner,
v.
WARDEN, Respondent.

          MEMORANDUM OPINION

          NORMAN K. MOON, UNITED STATES DISTRICT JUDGE

         Diatation Lamont Langhorne, a Virginia inmate proceeding pro se, filed this petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, challenging the validity of his confinement on a judgment by the Fluvanna County Circuit Court. Respondent filed a motion to dismiss Langhorne's § 2254 petition, and Langhorne responded, making the matter ripe for disposition. After review of the record, I grant the motion to dismiss.

         I. Background

         Diatation Lamont Langhorne was convicted by a Fluvanna County Circuit Court of habitual offender status and felony eluding the police. On May 31, 2013, the circuit court entered a final order sentencing Langhorne to seven years in prison. He appealed, but the Court of Appeals of Virginia denied his petition. Thereafter, a three-judge panel affirmed the appellate court's denial. On September 2, 2014, the Supreme Court of Virginia refused review.

         On April 24, 2015, Langhorne moved to set aside his conviction, but the circuit court denied his motion on August 24, 2015. Langhorne did not appeal.

         On September 10, 2015, Langhorne filed a “Writ of Error Coram Nobis and Motion to Vacate, Set Aside and Declare Null and Void a Defendant's Judgment and Conviction” in the Fluvanna County Circuit Court. On January 13, 2016, the circuit court denied Langhorne's petition because he had not alleged any clerical error or error in fact. Langhorne appealed, but on December 15, 2016, the Supreme Court of Virginia affirmed the circuit court's dismissal.[1]

         II. Current Claims

         On January 3, 2017, Langhorne filed the present petition. Thereafter, on March 31, 2017, he amended his petition, alleging the following four claims:

a. “Deprived of his constitutional rights . . . violation of U.S. Constitution Amendment 1, 6, and 14” (Am. Pet. 5);
b. “Miscarriage of justice . . . to allow an ex post facto violation to go on without correcting it and also not following proper procedures” (Am. Pet. 7);
c. “Ex post facto law . . . The trial court abolished the habitual offender law and is violating the ex post facto law by convicting and sentencing [Langhorne] under the habitual offender law after it was abolished on July 1, 1999 which is cruel and unusual punishment because sentencing [Langhorne] under the habitual offender law the punishment is more severe” (Am. Pet. 8); and
d. “Ineffective assistance of counsel . . . Court failed to follow proper procedures and attorney failed to object to the miscarriage of justice and the court's depriving Langhorne [of] an opportunity to assert his innocence” (Am. Pet. 11).

         III. Discussion

         A. Exhaustion and ...


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