Michael Stephon Parker v. Chadwick Dotson

Summary

The United States District Court for the Eastern District of Virginia denies Michael Stephon Parker’s 28 U.S.C. § 2254 petition challenging the calculation of his pretrial jail credits. The court holds that Parker’s claims were procedurally defaulted because he failed to appeal the state circuit court’s denial to the Supreme Court of Virginia and failed to establish cause and prejudice excusing the default.

Holdings

1. Parker failed to exhaust his federal claims because he did not appeal the Circuit Court's denial of his state habeas petition to the Supreme Court of Virginia, and his subsequent petition in that court was dismissed under a rule that did not permit merits review.
2. Parker's federal habeas claims were procedurally defaulted and barred from federal review.
3. Parker failed to establish cause and actual prejudice, or a fundamental miscarriage of justice, sufficient to excuse his procedural default.
4. A certificate of appealability was denied because Parker failed to make a substantial showing of the denial of a constitutional right.

Questions Presented

1. Whether Parker exhausted his federal constitutional claims by fairly presenting them to the Supreme Court of Virginia.
2. Whether Parker's claims were procedurally defaulted because he failed to appeal the Circuit Court's denial of his state habeas petition and any later appeal would be untimely.
3. Whether Parker demonstrated cause and actual prejudice or a fundamental miscarriage of justice sufficient to excuse the procedural default.
4. Whether the federal habeas petition should be dismissed and a certificate of appealability denied.

Disposition

dismissed