Brown v. Clarke, No. 3:2018cv00418 - Document 6 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. SEE OPINION for complete details. Signed by District Judge John A. Gibney, Jr on 07/30/2018. Copy mailed to Petitioner as directed.(ccol, )
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Brown v. Clarke Doc. 6 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division MILTON BROWN a/k/a SULTAN IMMANUEL-EL-BEY, L MB- 121118 CLERK. U.S. DISTRICT COURT RICHMOND. VA Petitioner, Civil No.3;18CV418 HAROLD W.CLARKE, Respondent. MEMORANDUM OPINION Petitioner, a Virginia inmate proceeding pro se, filed a 28 U.S.C. § 2254 petition(§ 2254 Petition," ECF No. 1). Before a state prisoner can bring a § 2254 petition in federal district court, the prisoner must first have "exhausted the remedies available in the courts of the State." 28 U.S.C. § 2254(b)(1)(A). "As a general rule, in the absence of 'exceptional circumstances where the need for the 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 before a prisoner can seek federal habeas relief.'" Timms v. Johns,627 F.3d 525, 530-31 (4th Cir. 2010) (alteration in original) (parallel citation omitted)(quoting Boumediene v. Bush, 553 U.S. 723, 793 (2008)). Exhaustion is accomplished by presenting the claims to the Supreme Court of Virginia for review either on direct appeal or in a collateral proceeding. Conversely, "federal courts should abstain from 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. Louisiana, 816 F.2d 220, 225 (5th Cir. 1987)(citations omitted); Durkin v. Davis, 538 F.2d 1037, 1041 (4th Cir. 1976) (internal quotation marks Dockets.Justia.com
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