Foye v. Bordenkircher

MEMORANDUM OPINION AND ORDER

HADEN, District Judge.

The Petitioner, an inmate at the West Virginia Penitentiary, petitions this Court for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254. In support of his petition, the Petitioner claims that he was denied due process of law when the West Virginia Supreme Court of Appeals refused to consider his petition for a rehearing. For the reasons set out below, this Court hereby grants Respondent’s motion to dismiss and denies Petitioner’s petition for a writ of habeas corpus.

I. Exhaustion of State Remedies

In ¶3 of his answer, the “Respondent waives…