Jenkins v. Pearson, No. 1:2012cv00885 - Document 21 (E.D. Va. 2013)
Court Description: MEMORANDUM OPINION RE: Respondent's Motion to Dismiss. Signed by District Judge Claude M. Hilton on 08/28/13. (pmil)
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IN THE UNITED STATES DISTRICT COURT FO EASTERN DISTRICT OF VIRGINIA ]i*j¥HE L AUG 2 8 2013 Alexandria Division U Walter Douglas Jenkins, CLERK, U.S. DISTRICT COURT Petitioner, ALEXANDRIA. VIRGINIA l:12cv885(CMH/TRJ) Eddie L. Pearson, Respondent. MEMORANDUM OPINION Walter Douglas Jenkins, a Virginia inmate proceeding pro se, has filed a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, challenging the validity of his conviction for first degree murder in the Circuit Court for Prince William County, Virginia. Respondent filed a Motion to Dismiss and accompanying memorandum, and petitioner was given the opportunity to file responsive materials, pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975). Petitioner has filed a response; accordingly, this matter is ripe for disposition. For the reasons that follow, respondent's Motion to Dismiss will be granted, and the petition will be dismissed, with prejudice. I. Background Petitioner is incarcerated pursuant to a final judgment of the Circuit Court of Arlington County, Virginia, entered on January 26, 2010. After a jury trial, petitioner was convicted of first-degree murder and use of a firearm during the commission of a murder. No. CR-05-66292. He received a total sentence of thirty-three years' incarceration. The Court of Appeals of Virginia denied the petitioner's petition for appeal. Jenkins v. Commonwealth. No. 2318-08-4 (Va. Ct. App. Jun. 8, 2009). Petitioner then appealed to the Supreme Court of Virginia, which dismissed the appeal. Jenkins v. Commonwealth. No. 101769
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