SMALLWOOD v. YOUNG

No. 1:05 CV 874 TSE/BRP.

425 F.Supp.2d 717 (2006)

Jerell SMALLWOOD, Petitioner, v. S.K. YOUNG, Warden, Respondent.

United States District Court, E.D. Virginia, Alexandria Division.

March 24, 2006.


Attorney(s) appearing for the Case

Jerell Smallwood, Big Stone Gap, VA, pro se.

Stephen R. McCullough, Office of the Attorney General, Richmond, VA, for Respondent.


MEMORANDUM OPINION

ELLIS, District Judge.

Petitioner, Jerell Smallwood ("Smallwood"), a Virginia inmate proceeding pro se, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, attacking the validity of his state court convictions. On August 15, 2005, respondent filed a motion to dismiss pursuant to Rules 12 and 56(b), Fed.R.Civ.P., and an answer pursuant to Rule 5, Fed. R. Hab. P. Although Smallwood was afforded...

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