McClain v. Clarke et al

Filing 15

MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 12/17/13. Copies Mailed: Yes.(mful, )

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il I D5CI 8 2013
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA

CLERK, l.l S. DISTRICT COURT
RICHMOND, VA

Richmond Division

DENNIS A. McCLAIN,
Petitioner,
v

Civil Action No.

3:13CV324

HAROLD W. CLARKE, et al.,
Respondents.
MEMORANDUM OPINION

Dennis

McClain,

a Virginia

prisoner

proceeding

pro

se,

brings this petition for a writ of habeas corpus under 28 U.S.C.

§ 2254

("§ 2254 Petition") .a

and provided
responded.

appropriate

Respondent2 has moved to dismiss

Roseboro3

notice.

McClain

The matter is ripe for disposition.

has

not

Because McClain

1 In his Memorandum in Support of his § 2254 Petition,
McClain indicates that he wishes to invoke the Court's
jurisdiction under 42 U.S.C. § 1983.
If McClain wishes to
invoke the Court's jurisdiction under that statute he must file

a proper

complaint

and

indicate

his

willingness

to

pay

the

$350.00 filing fee associated with such actions.

Counsel responds for both Clarke and the Virginia Parole

Board.

Counsel

proper

Defendant

explains
is

that

McClain's

under Virginia
custodian.

law,

(Mem.

the only
Supp.

Dismiss 1-2 n.l, ECF No. 13); Va. Code Ann. § 8.01-657.

Mot.

Thus,

the Virginia Parole Board is not the appropriate Defendant and
should be summarily dismissed.

Virginia

Parole

Board,

the

As the Court will dismiss the

Court

refers

only

to

Clarke

Respondent.

3 Roseboro v. Garrison, 528 F.2d 309 {4th Cir. 1975).

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