White v. Dotson (ORDER)

Syllabus

07/18/2024 Upon consideration of a petition for a writ of habeas corpus filed February 9, 2024, a rule to show cause, respondent's motion to dismiss, and petitioner's reply, the Court is of the opinion that the motion should be granted and that the petition should be dismissed. Petitioner's challenge to the failure of the Virginia Department of Corrections to use a particular arrest date as the starting point for his accrual of Earned Sentence Credit is rejected. The plain language of Code § 53.1-202.2(A) shows that petitioner's eligibility to earn such credit under Code § 53.1-202.3(B) did not begin upon his arrest, but upon his sentencing to serve a term of incarceration for a qualifying felony and his incarceration following a final order of the committing court. He has no statutory or constitutional right to receive sentencing credit for his good behavior while incarcerated. His due process argument fails because he has not established a deprivation of a legitimate, protected interest in his life, liberty, or property, and his equal protection claim is rejected because he has not alleged facts demonstrating treatment different from others similarly situated as a result of intentional or purposeful discrimination. Accordingly, the petition is dismissed, and the rule is discharged.