Bailey v. Harold W. Clarke, Director, No. 3:2018cv00052 - Document 10 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. See Opinion for details. Signed by District Judge M. Hannah Lauck on 8/14/2018. (sbea, )
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Bailey v. Harold W. Clarke, Director Doc. 10 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division JARED BENJAMIN BAILEY, Petitioner, V. Civil Action No. 3:18cv52 HAROLD W. CLARKE, Director, Virginia Department of Corrections, Respondent. MEMORANDUM OPINION Petitioner Jared Benjamin Bailey, a Virginia state inmate, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. §2254 (the "§ 2254 Petition").' (ECF No. 1.) Harold W. Clarke, Director of the Virginia Department of Corrections, filed a Motion to Dismiss and Rule 5 Answer (the "Motion to Dismiss"), and Bailey responded. (ECF Nos. 6, 9.) Accordingly, the matter is ripe for disposition. The Court dispenses with oral argument because the materials before it adequately present the facts and legal contentions, and argument would not aid the decisional process. For the reasons that follow, the Court will grant the Motion to Dismiss. ' Section 2254(a) states in relevant part: The Supreme Court, a Justice thereof, a circuit judge, or a district court shall entertain an application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he [or she] is in custody in violation of the Constitution or laws or treaties of the United States. 28 U.S.C. § 2254(a). Dockets.Justia.com
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