Givhan v. Albright et al (INMATE3)

Filing 10

ORDERED that on or before 4/7/2009, Petitioner shall show cause why her 1 Petition for Writ of Habeas Corpus should not be dismissed for failure to exhaust state court remedies. Signed by Honorable Charles S. Coody on 3/24/2009. (cb, )

Download PDF
IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION B R E N D A JOYCE GIVHAN, # 133055 P e titio n e r, v. FRANK ALBRIGHT, et al., R e s p o n d e n ts . ) ) ) ) ) ) ) ) ) ) Civil Action No. 2:09cv56-TMH (WO) ORDER T h is cause is before the court on a petition for habeas corpus relief in which P e titio n e r, a state inmate, challenges a sentence imposed upon her by the Circuit Court for M o n tg o m e ry County, Alabama, a state trial court. Through her petition, Petitioner seeks an aw ard of jail credit from the aforementioned state court. In their answer filed with this court o n March 23, 2009 (Doc. No. 9), Respondents assert that Petitioner has failed to exhaust state c o u rt remedies with respect to the claims presented in her habeas petition. Specifically, R e sp o n d e n ts allege that Petitioner has not pursued any state post-conviction proceedings c h a lle n g in g her sentence although she has an available state remedy through Rule 32 of the A la b a m a Rules of Criminal Procedure. T h e law directs that a petition for writ of habeas corpus filed by "a person in custody p u rs u a n t to the judgment of a State court shall not be granted unless it appears that the a p p lic a n t has exhausted the remedies available in the courts of the [convicting] State...." 28 U .S .C . 2254(1)(b)(1)(A). Upon review of the pleadings filed in this case, it appears that P e titio n e r has not yet exhausted her available state court remedies with respect to each of the c laim s presented in her petition for habeas corpus relief. This court does not deem it a p p ro p ria te to rule on the merits of Petitioner's claims without first requiring that Petitioner e x h a u s t state remedies. See 28 U.S.C. 2254(1)(b)(2). Accordingly, it is ORDERED that on or before April 7, 2009, Petitioner shall show cause why her p e t itio n should not be dismissed for failure to exhaust state court remedies. D o n e this 24 th day of March, 2009. /s/Charles S. Coody. CHARLES S. COODY U N IT E D STATES MAGISTRATE JUDGE 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?