Perkins v. White, No. 3:2019cv00433 - Document 3 (E.D. Va. 2019)
Court Description: MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 07/30/2019. Copy mailed to Petitioner. (walk, )
Download PDF
<![CDATA[
Perkins v. White Doc. 3 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division DEVON JARMON PEKINS, Petitioner, V. JAES R. HITE, Respondents. ) ) ) ) ) ) ) ) ) JUL 3 0 l9 CLERK, U.S. DISTRICT COURT RICHMOND VA Civil Action No. 3: l 9CV433-HEH MEMORANDUM OPINION (Dismissing 28 U.S.C § 2254 Petition Without Prejudice) Petitioner, a Virginia inmate proceeding prose, brings this petition pursuant to 28 U.S.C. § 2254 ("§ 2254 Petition," ECF No. 1). Beore a state prisoner can bring a § 2254 petition in ederal district court, the prisoner must irst have "exhausted the remedies available in the courts of the State." 28 U.S.C. § 2254(b)(l)(A). "As a general rule, in the absence of 'exceptional circumstances where the need or the remedy aforded by the writ of habeas corpus is apparent,' Bowen v. Johnston, 306 U.S. 19, 27 (1939), courts 'require[ ] exhaustion of altenative remedies beore a prisoner can seek ederal habeas relief.' Timms v. Johns , 627 F.3d 525, 530-31 (4th Cir. 2010) (alteration in original) (parallel citation omitted) (quoting Boumediene v. B us h, 553 U.S. 723, 793 (2008)). Exhaustion is accomplished by presenting the claims to the Supreme Court of Virginia or review either on direct appeal or in a collateral proceeding. Conversely, "federal courts should abstain rom the exercise of [habeas] jurisdiction if the issues raised in the petition may be resolved either by trial on the merits in the state court or by other state procedures available to the petitioner." Dickerson v. Louisia na, 816 F.2d 220, 225 (5th Cir. 1987) (citations omitted); D u rki n v. Davis , 538 F.2d 1037, 1041 (4th Cir. 1976) Dockets.Justia.com
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
