Martin v. State of VA et al, No. 7:2014cv00445 - Document 5 (W.D. Va. 2014)
Court Description: MEMORANDUM OPINION. Signed by Judge Norman K. Moon on 09/04/2014. (kab)
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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION CURTIS N. MARTIN, Petitioner, v. STATE OF VA, et al., Respondents. ) ) ) ) ) ) ) Civil Action No. 7:14cv00445 MEMORANDUM OPINION By: Norman K. Moon United States District Judge Petitioner Curtis N. Martin, a Virginia inmate proceeding pro se, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his conviction in the Appomattox County Circuit Court. I find that Martin did not fully exhaust his state court remedies before filing this federal habeas petition and, therefore, I will dismiss this action without prejudice. I. On October 26, 2012, the Appomattox County Circuit Court convicted Martin of possessing or transporting a firearm as a violent felon, in violation of Virginia Code § 18.2308.2. The court sentenced Martin to 5 years incarceration. According to his petition, and confirmed by state court records found online, Martin has not appealed his criminal conviction or filed a habeas petition in any state court. II. A federal court cannot grant a habeas petition unless the petitioner has exhausted the remedies available in the courts of the state in which he was convicted. Preiser v. Rodriguez, 411 U.S. 475 (1973). If a petitioner has failed to exhaust state court remedies, the federal court must dismiss the petition. Slayton v. Smith, 404 U.S. 53 (1971). In Virginia, a non-death row felon ultimately must present his claims to the Supreme Court of Virginia and receive a ruling from that court, before a federal district court may consider his claims. See Va. Code § 8.01654. In this case, it is clear that Martin has yet to pursue his instant claims in the Supreme Court of Virginia. Accordingly, I find that Martin s petition is unexhausted. III. Based on the foregoing, I will dismiss Martin s habeas petition, without prejudice, as unexhausted. ENTER: This 4th day of September, 2014. 2
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