Southers v. Manis, No. 7:2012cv00422 - Document 2 (W.D. Va. 2012)
Court Description: MEMORANDUM OPINION. Signed by Judge Norman K. Moon on 09/27/2012. (kab)
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION CLEVELAND SOUTHERS, Petitioner, v. CARL A. MANIS, Respondent. ) ) ) ) ) ) ) Civil Case No. 7:12cv00422 MEMORANDUM OPINION By: Norman K. Moon United States District Judge Cleveland Southers, a Virginia inmate proceeding pro se, filed this petition for writ of habeas corpus, pursuant to 28 U.S.C. § 2254; however, he alleges no ground upon which he believes he is entitled to habeas relief. Pursuant to Rule 4 of the Rules Governing Section 2254 Proceedings, the court must dismiss a petition if it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief . . . . Because Southers alleges no habeas claim, I find that it plainly appears that he is not entitled to habeas relief. Accordingly, I will dismiss this action without prejudice to Southers opportunity to refile his petition and allege grounds for relief.1 The Clerk of the Court is directed to send a copy of this memorandum opinion and the accompanying order to petitioner. ENTER: This 27th day of September, 2012. 1 The court notes that if Southers wishes to refile his petition, it is subject to the statute of limitations set forth in 28 U.S.C. § 2244(d)(1)(A - D).