Bailey v. Harold W. Clarke, Director

Filing 10

MEMORANDUM OPINION. See Opinion for details. Signed by District Judge M. Hannah Lauck on 8/14/2018. (sbea, )

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

JARED BENJAMIN BAILEY,
Petitioner,
V.

Civil Action No. 3:18cv52

HAROLD W. CLARKE, Director,

Virginia Department of Corrections,
Respondent.
MEMORANDUM OPINION

Petitioner Jared Benjamin Bailey, a Virginia state inmate, brings this petition for a writ of

habeas corpus pursuant to 28 U.S.C. §2254 (the "§ 2254 Petition").' (ECF No. 1.) Harold W.
Clarke, Director of the Virginia Department of Corrections, filed a Motion to Dismiss and Rule 5
Answer (the "Motion to Dismiss"), and Bailey responded. (ECF Nos. 6, 9.) Accordingly, the

matter is ripe for disposition. The Court dispenses with oral argument because the materials
before it adequately present the facts and legal contentions, and argument would not aid the
decisional process. For the reasons that follow, the Court will grant the Motion to Dismiss.

' Section 2254(a) states in relevant part:
The Supreme Court, a Justice thereof, a circuit judge, or a district court shall
entertain an application for a writ of habeas corpus in behalf of a person in
custody pursuant to the judgment of a State court only on the ground that he [or
she] is in custody in violation of the Constitution or laws or treaties of the United
States.

28 U.S.C. § 2254(a).