Newton v. Phelps

MEMORANDUM OPINION

SUE L. ROBINSON, District Judge.

I. INTRODUCTION

Presently before the court is petitioner Sye C. Newton’s (“petitioner”) application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. (D.I. 1) Petitioner is a Delaware inmate in custody at the James T. Vaughn Correctional Center in Wilmington, Delaware. For the reasons that follow, the court will dismiss his application;

II. FACTUAL AND PROCEDURAL BACKGROUND

The facts of petitioner’s case are as follows:

On May 14, 2008, both [petitioner] and the victim, Kalvin Peterson, were inmates at the Howard R. Young Correctional…