Dillard v. Woody, No. 3:2013cv00602 - Document 4 (E.D. Va. 2013)
Court Description: MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 10/30/2013. (tjoh, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OP VIRGINIA-, Richmond Division MARK A. DILLARD, ]!( - L E RJ !f| n~ /""*;' » OCT 302853 Petitioner, CL! .; : ¢,.,. " - ¢-- ¢ ¢.. .. . -;-'..;vr v. Civil Action No. 3:13CV602 C.T. WOODY, Respondent. MEMORANDUM OPINION Mark A. Dillard, a former Virginia inmate proceeding pro se, brings this 28 O.S.C. § 2254 («§ 2254 Petition"). In his § 2254 Petition, Dillard states that he has filed neither an appeal nor any other challenge to his state conviction to the Supreme Court of Virginia, (see § 2254 Pet. 2-3), nor previously raised the claims within his § 2254 Petition to the Virginia courts. (Id. at 6-13.) Thus, the record fails to indicate that Dillard has properly exhausted his state court remedies with respect to his claims. Accordingly, by Memorandum Order entered on September 26, 2013, the Court directed Dillard to show cause within eleven (11) days of the date of entry thereof, why his § 2254 Petition should not be dismissed for lack of exhaustion of his state court remedies. (ECF No. 2, at 1.) Dillard has responded.
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