Jenkins v. Stolle, No. 3:2018cv00169 - Document 10 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. SEE OPINION for complete details. Signed by District Judge Robert E. Payne on 06/05/2018. Copy mailed to Petitioner as directed.(ccol, )
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Jenkins v. Stolle Doc. 10 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division DARYL E. JENKINS, Petitioner, V. Civil Action No. 3:18CV169 KEN STOLLE, Respondent. MEMORANDUM OPINION Daryl E. Jenkins, a Virginia inmate proceeding pro se, filed a 28 U.S.C. § 2254 petition (§ 2254 Petition," EOF No. 1). Before a state prisoner can bring a § 2254 petition in federal district court, remedies the available in the courts "As § 2254(b)(1)(A). ^exceptional prisoner must first a general circumstances where of have "exhausted the rule, the State." in 28 U.S.C. the absence for need the the of remedy afforded by the writ of habeas corpus is apparent,' Bowen v. Johnston, 306 U.S. 19, 27 (1939), courts 'require[ ] exhaustion of alternative remedies habeas relief.'" 2010) Exhaustion Boumediene is a prisoner can seek federal Timms v. Johns, 627 F.3d 525, 530-31 (4th Cir. (alteration (quoting before in original) v. Bush, accomplished by (parallel 553 U.S. presenting citation 723, the 793 claims omitted) (2008)). to the Supreme Court of Virginia for review either on direct appeal or in a collateral proceeding. Conversely, "federal courts should Dockets.Justia.com
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