Grimes v. Commonwealth of Virginia

Filing 15

MEMORANDUM OPINION. READ OPINION for complete details. Signed by Magistrate Judge Roderick C. Young on 04/25/2018. Copy mailed to Petitioner as directed.(ccol, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

DONTE DONELL GRIMES,
Petitioner,

V.

Civil Action No. 3:17CV603

COMMONWEALTH OF VIRGINIA,

Respondent.
MEMORANDUM OPINION

(Granting Motion to Dismiss and Denying 28 U.S.C. § 2254 Petition)
Donte Donell Grimes, a Virginia inmate proceedingpro se, brings this petition

pursuant to 28 U.S.C. §2254 ("§ 2254 Petition," ECF No. 1).' After a bench trial.
Grimes was convicted in the Circuit Court for the City of Norfolk ("Circuit Court") of

two counts of robbery, one count of attempted robbery, three counts of conspiracy to
commitrobbery, three counts of use of a firearm during the commission of a felony, one
count ofpossession of a firearm by a convicted felon, and one count of wearing a mask in

public. (ECF No. 8, at 1.) In his § 2254 Petition, Grimes asserts that he entitled to relief
because the Circuit Court erred when it failed to grant his motion for a new trial. (§ 2254

Pet. 5.) Grimes relies entirely upon Virginia law with respect to this claim.
In order to obtain federal habeas relief, at a minimum, a petitioner must

demonstrate that he is "in custody in violation of the Constitution or laws or treaties of
the United States," 28 U.S.C. § 2254(a). Because Grimes fails to allege any basis for

The Court employs the pagination assigned to the § 2254 Petition by CM/ECF.

federal habeas relief, his § 2254 Petition will be denied. See Estelle v. McGuire, 502 U.S.
62,67-68 (1991). The Motion to Dismiss (ECF No. 7) WILL BE GRANTED. The
action WILL BE DISMISSED. A certificate of appealability WILL BE DENIED.

An appropriate Order will accompany this Memorandum Opinion.

Roderick C. Young

Date: April

, 2018

Richmond, Virginia

United States Magistrate Jutlge