Nguyen v. Clarke

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division BRIAN NGUYEN, Petitioner, Civil No. 1:23-cv-650-MSN-WEF v. CHADWICK DOTSON, Director, Virginia Department of Corrections,1 Respondent. MEMORANDUM OPINION AND ORDER This matter comes before the Court on Respondent’s Motion to Dismiss (ECF 6). Petitioner Brian Nguyen was convicted of aggravated sexual battery of a child under the age of thirteen pursuant to Va. Code § 18.2-67.3 and sentenced to six years imprisonment. After an unsuccessful appeal of his conviction, Nguyen filed a state habeas petition arguing…