Jenkins v. Pearson
Filing
21
MEMORANDUM OPINION RE: Respondent's Motion to Dismiss. Signed by District Judge Claude M. Hilton on 08/28/13. (pmil)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?