Dudley v. State of North Carolina

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CASE NO. 3:26-cv-00206-MR
TYRIN DeSHAWN DUDLEY, )
)
Petitioner, )
) MEMORANDUM OF
vs. ) DECISION AND ORDER
)
LESLIE COOLEY DISMUKES1, )
Secretary, North Carolina )
Department of Adult Correction, )
)
Respondent. )
________________________________ )
THIS MATTER is before the Court for initial review upon the pro se
Petition for Writ of Habeas Corpus filed March 9, 2026, pursuant to 28 U.S.C.
§ 2254, by Tyrin DeShawn Dudley (herein “Petitioner”). [Doc. 1].
I. BACKGROUND
The Petitioner is a prisoner of the State of North Carolina. [Doc. 1 at
1]. According to the North Carolina Department of Adult Correction
1 Rule 2(a) of the Rules Governing Section 2254 Cases in the United States District
Courts requires that “the petition must name as respondent the state officer who has
custody” of the petitioner. Rule 2(a), 28 U.S.C. foll. § 2254. In North Carolina, the
Secretary of the Department of Adult Correction is the custodian of all state inmates. N.C.
Gen. Stat. § 148-4 (2023). Accordingly, Leslie Cooley Dismukes, the current Secretary
of the North Carolina Department of Adult Correction, is the proper Respondent.
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Database,2 the Petitioner was convicted October 21, 2024,3 in Gaston
County Superior Court on one count of Second-Degree Murder. The
Petitioner received an active term of imprisonment of 156 to 200 months.
[NCDAC Database]. Petitioner’s projected release date from imprisonment
is January 15, 2038. [Id.].
According to the Petitioner, after sustaining his state court conviction,
he filed no direct appeal. [Doc. 1 at 2]. Further, the Petitioner states that he
did not institute any post-conviction proceedings. [Id. at 3]. In his Petition for
Writ of Habeas Corpus filed in this Court, Petitioner does not raise any
federal constitutional claims. [Id. at pp. 5; 7-8; 10].
II. STANDARD OF REVIEW
Title 28, U.S.C. § 2254 applies to “a person in custody under a state-
court judgment who seeks a determination that the custody violates the
Constitution, laws, or treaties of the United States.” Rule 1(a), Rules
Governing Section 2254 Cases, 28 U.S.C.A. foll. § 2254. Rule 2(c) of these
same rules requires a petitioner to specify all available grounds for relief and
2 See https://webapps.doc.state.nc.us/opi/viewoffender.do?method=view&offenderID=
1745416&searchOffenderId=1745416&searchDOBRange=0&listurl=pagelistoffendersea
rchresults&listpage=1(herein “NCDAC Database”); Fed. R. Evid. 201.
3 The Petitioner mistakenly lists August 4, 2022, as his conviction date [Doc. 1 at 1] but,
according to the NCDAC Database, that date is when the Petitioner committed his murder
offense.
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state the facts that support each ground. Finally, the district courts are
directed to dismiss a petition when it plainly appears from the petition and
any exhibits that the petitioner is not entitled to relief. Rule 4, Rules
Governing Section 2254 Cases, 28 U.S.C.A. foll. § 2254.
III. DISCUSSION
The § 2254 petition filed by the Petitioner herein utterly fails to state
any grounds for relief or set forth allegations describing any colorable claim,
let alone plead any facts to show that he has a habeas claim based on the
state court’s misapplication of federal law, as required by 28 U.S.C. § 2254.
Although the Petitioner brought this §2254 action as a pro se litigant, he is
still required to specify all grounds for relief and state the supporting facts.
Rule 2(c), 28 U.S.C.A. foll. § 2254. Because the petition fails to specify any
valid ground for habeas relief, it is deficient and subject to summary
dismissal.
IV. CONCLUSION
For the reasons set forth above, the § 2254 petition shall be dismissed
for failure to state any claim for relief.
Pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases,
28 U.S.C.A. foll. § 2254, the Court declines to issue a certificate of
appealability. 28 U.S.C. § 2253(c)(2); Miller-El v. Cockrell, 537 U.S. 322, 338
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(2003) (noting that, in order to satisfy § 2253(c), a prisoner must demonstrate
that reasonable jurists would find the district court’s assessment of the
constitutional claims debatable or wrong); Slack v. McDaniel, 529 U.S. 473,
484 (2000) (holding that, when relief is denied on procedural grounds, a
prisoner must establish both that the dispositive procedural ruling is
debatable and that the petition states a debatable claim of the denial of a
constitutional right).
O R D E R
IT IS, THEREFORE, ORDERED that:
1. The Petition for Writ of Habeas Corpus [Doc. 1] is DISMISSED.
2. The Clerk of Court is respectfully directed to amend the Docket
to list Leslie Cooley Dismukes, the Secretary of the North Carolina
Department of Adult Correction, as the proper Respondent.
3. The Court DECLINES to issue a certificate of appealability
pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases.
IT IS SO ORDERED.
Signed: April 4, 2026
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