White v. Director of The Department of Corrections, No. 3:2019cv00044 - Document 22 (E.D. Va. 2019)
Court Description: MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 05/14/2019. Copy mailed to Petitioner. (walk, )
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White v. Director of The Department of Corrections Doc. 22 a I g IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA WH I 4 2019 Richmond Division \zi CLERK, U.S. DISTRICT COURT RICHMOND. VA RICHARD A. WHITE, Petitioner, Civil Action No. 3:19CV44-HEH DIRECTOR OF THE DEPARTMENT OF CORRECTIONS, Respondent. MEMORANDUM OPINION (Dismissing Without Prejudice 28 U.S.C. § 2254 Petition) Petitioner, a Virginia inmate proceedingpro se, filed a 28 U.S.C. § 2254 petition ("§ 2254 Petition," ECF No. 10). Before a state prisoner can bring a § 2254 petition in federal district court, the prisoner must first have "exhausted the remedies available in the .rl. courts of the State." 28 U.S.C. § 2254(b)(1)(A). Exhaustion is accomplished by presenting the claims to the Supreme Court of Virginia for review either on direct appeal or in a collateral proceeding. Petitioner stated that the final order in his state habeas proceedings was entered on January 16, 2019 and that he did not appeal. (§ 2254 Pet. 7.) A review of Petitioner's various submissions revealed that the Circuit Court for the City ofNorfolk dismissed his state habeas petition on January 16, 2019 (ECF No. 5-1, at 1- 4), and it was unclear whether Petitioner had noted an appeal. Thus, it did not appear that Petitioner had raised these claims before the Supreme Court of Virginia and received a ruling on these claims. Accordingly, the record failed to indicate that Petitioner had properly exhausted his state court remedies with respect to his claims. Dockets.Justia.com
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