McClain v. Clarke et al, No. 3:2013cv00324 - Document 15 (E.D. Va. 2013)
Court Description: MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 12/17/13. Copies Mailed: Yes.(mful, )
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/pW^v !73 lift, D il I D5CI 8 2013 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA CLERK, l.l S. DISTRICT COURT RICHMOND, VA Richmond Division DENNIS A. McCLAIN, Petitioner, v Civil Action No. 3:13CV324 HAROLD W. CLARKE, et al., Respondents. MEMORANDUM OPINION Dennis McClain, a Virginia prisoner proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254 ("§ 2254 Petition") .a and provided responded. appropriate Respondent2 has moved to dismiss Roseboro3 notice. McClain The matter is ripe for disposition. has not Because McClain 1 In his Memorandum in Support of his § 2254 Petition, McClain indicates that he wishes to invoke the Court's jurisdiction under 42 U.S.C. § 1983. If McClain wishes to invoke the Court's jurisdiction under that statute he must file a proper complaint and indicate his willingness to pay the $350.00 filing fee associated with such actions. Counsel responds for both Clarke and the Virginia Parole Board. Counsel proper Defendant explains is that McClain's under Virginia custodian. law, (Mem. the only Supp. Dismiss 1-2 n.l, ECF No. 13); Va. Code Ann. § 8.01-657. Mot. Thus, the Virginia Parole Board is not the appropriate Defendant and should be summarily dismissed. Virginia Parole Board, the As the Court will dismiss the Court refers only to Clarke Respondent. 3 Roseboro v. Garrison, 528 F.2d 309 {4th Cir. 1975). \°D as
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