Walton v. Commonwealth of Virginia

Filing 3

MEMORANDUM OPINION. See for complete details. Signed by District Judge Henry E. Hudson on 09/12/2017. (mailed copy to pro se Petitioner) (nbrow)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
BRIAN LESTER WALTON, SR.,
Petitioner,

v.
COMMONWEALTH OF VIRGINIA,
Respondent.

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RICHMOND. VA

Civil Action No. 3:17CV455-HEH

MEMORANDUM OPINION
(Dismissing Action Without Prejudice)
Petitioner, a Virginia inmate proceedingpro se, submitted a 28 U.S.C. § 2241
petition("§ 2241 Pet."). In his present petition, Petitioner challenges, inter alia, his 2014
conviction for violation of a protective order, third offense, in the Circuit Court for
Middlesex County. (§ 2241 Pet. 2-3, ECF No. 1.) 1 Petitioner currently has another
petition for a writ of habeas corpus pending before this Court wherein he challenges the
same conviction. See Walton v. Clarke, No. 3:17CV320 (E.D. Va. filed Apr. 26, 2017).
The pertinent statutes do not permit inmates to litigate multiple or successive habeas
petitions. See Felker v. Turpin, 518 U.S. 651, 657 (1996). Accordingly, by
Memorandum Order entered on July 31, 2017, the Court directed Petitioner, within

1 See

http://www.courts.state.va.us/main.htm (select "Case Status and Information;"
select "Circuit Court" from drop-down menu; select hyperlink for "Case Information;" select
"Middlesex Circuit Court" from drop-down menu and follow "Begin" button; type "Walton,
Brian," and then follow "Search by Name" button; then follow hyperlinks for "CR1300021700"). "The Circuit Court's docket is accessible through the Virginia Judicial System Website.
Federal courts in the Eastern District of Virginia regularly take judicial notice of the information
contained on this website." McClain v. Clarke, No. 3:13CV324, 2013 WL 6713177, at *1 n.6
(E.D. Va. Dec. 18, 2013) (citations omitted).

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eleven (11) days of the date of entry thereof, to show good cause why the present petition
should not be dismissed without prejudice to Petitioner's litigation of his claims currently
pending in Walton v. Clarke, No. 3:17CV320 (E.D. Va.). The Court warned Petitioner
that failure to comply with the Court's directive would result in summary dismissal of the
action. Petitioner has not responded. Accordingly, the action will be dismissed without
prejudice. The Court will deny a certificate of appealability.

An appropriate Order shall accompany this Memorandum Opinion.

Isl
HENRY E. HUDSON
UNITED STATES DISTRICT JUDGE

Date:Sc..,i \'1 12.0\'\

Richmond, Virginia

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