Newkirk v. Director, No. 3:2022cv00369 - Document 10 (E.D. Va. 2022)

Court Description: MEMORANDUM OPINION (Dismissing Without Prejudice 28 U.S.C. § 2254 Petition). Signed by District Judge Henry E. Hudson on 6/21/2022. (jpow, )

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Newkirk v. Director Doc. 10 Case 3:22-cv-00369-HEH-EWH Document 10 Filed 06/21/22 Page 1 of 2 PageID# 37 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division KENNETH NEWKIRK, Petitioner, Civil Action No. 3:22CV369-HEH V. DIRECTOR,DEPT. OF CORRECTIONS Respondent. MEMORANDUM OPINION (Dismissing Without Prejudice 28 U.S.C. § 2254 Petition) Kenneth Newkirk, a Virginia state prisoner proceeding pro se, filed a petition pursuant to 28 U.S.C. § 2254("§ 2254 Petition," ECF No. 1). The Court dismissed an earlier 28 U.S.C. § 2254 petition filed by Newkirk for failure to exhaust his state court remedies. SeeNewkirkv. Lerner, No. 3:13CV570-HEH, 2013 WL 4811219, at *1 (E.D. Va. Sept. 9, 2013){''Newkirk T). The Order in Newkirk I mformtd Newkirk: Before the Court will consider any future habeas petition from Newkirk, he must explain how he has exhausted his state court remedies. Accordingly, Newkirk must attach to the front of any future petition the following statement: "I have pursued all of my state court remedies for the claims and convictions described herein." Failure to comply with this directive will result in summary dismissal ofthe action. Newkirk I, No. 3:13CV570-HEH (E.D. Va. Sept. 9, 2013)(order dismissing § 2254 petition, ECF No.7(paragraph number omitted)). Newkirk's current § 2254 Petition fails to comply with the Court's prior Order. Additionally, on his current § 2254 Petition, in response to one ofthe questions that Dockets.Justia.com Case 3:22-cv-00369-HEH-EWH Document 10 Filed 06/21/22 Page 2 of 2 PageID# 38 asked whether he had exhausted his state remedies, Newkirk stated: "I do not have to exhaust state court remedies before filing a writ of habeas corpus." (ECF No. 1 at 8 (capitalization corrected).) Accordingly, the action will be dismissed without prejudice. Newkirk's outstanding motions(ECF Nos. 4,6-9)will be denied. A certificate of appealability will be denied. An appropriate Order shall accompany this Memorandum Opinion. /s/ DateiTisno gl Richmond, Virginia Henry E. Hudson Senior United States District Judge

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