Inman v. Unknown, No. 3:2019cv00592 - Document 6 (E.D. Va. 2019)

Court Description: MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr. on 10/29/19. (Copy mailed to Inman). (jtho, )

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Inman v. Unknown Doc. 6 IN THE UNITED STATES DISTRICT COURT [ FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division 'I OCT 2 9 2019 JEFFREY DALE INMAN, CLtRK. I) S DISTRICT COURT RICHMOND. VA Petitioner V. CivilNo.3:19CV592 COMMONWEALTH OF VIRGINIA, 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 ofthe State." 28 U.S.C. § 2254(h)(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. It does not appear that Petitioner raised his only claim before the Supreme Court of Virginia. Thus, the record fails to indicate that Petitioner has properly exhausted his state court remedies with respect to his claim. Accordingly, by Memorandum Order entered on September 25, 2019, the Court directed Petitioner, within eleven (11) days of the date of entry thereof, to show cause why the present § 2254 Petition should not he dismissed without prejudice for lack of exhaustion. The Court warned Petitioner that the failure to comply with the Court's directive would result in summar>' dismissal of the action. Petitioner has not filed a response. Thus, Petitioner has failed to show good cause as to why he has failed to exhaust his claim. Accordingly, the action will he DISMISSED WITHOUT Dockets.Justia.com PREJUDICE. Pelitioner may file a § 2254 petition in this Court after he has exhausted his remedies in state court. A certificate of appcalability will be DENIED. An appropriate Order shall accompany this Memorandum Opinion. John A. Gibney, Jr. Date; Richmond, Virginia United Stales District Jd c

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