Young v. Chapdelaine

Filing 9

RULING and ORDER Dismissing 1 Petition for Writ of Habeas Corpus, filed by Michael A. Young Signed by Judge Alvin W. Thompson on 10/25/2016. (Oliver, T.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
MICHAEL A. YOUNG,
Petitioner,
v.
CAROL CHAPDELAINE,
Respondent.

:
:
:
:
:
:
:

CASE NO. 3:16-cv-1747 (AWT)

RULING AND ORDER
The petitioner has filed this action pursuant to 28 U.S.C.
§ 2254 challenging his June 5, 2015 conviction for driving a
motor vehicle with an elevated blood alcohol level in violation
of Conn. Gen. Stat. § 14-227a(a)(2).

The petitioner previously

filed a habeas corpus action in this court challenging the same
conviction.

The present petition is a copy of the petition

filed in the previous action with added references to the prior
federal petition.

The court dismissed the prior petition for

failure to exhaust state court remedies before filing a federal
habeas action.

See Young v. Chapdelaine, No. 3:16cv6 (AWT) (D.

Conn. Apr. 6, 2016).

The Second Circuit dismissed the appeal by

mandate issued September 9, 2016.

See Young v. Chapdelaine, No.

16-1415 (2d Cir. Sept. 9, 2016).
As the petitioner fails to indicate in his petition that he
has made any further efforts to exhaust his state court
remedies, the petition is dismissed without prejudice for the

reasons stated in the prior ruling.

See Young v. Chapdelaine,

No. 3:16cv6 (AWT) (D. Conn. Apr. 6, 2016)(ECF No. 7, Ruling on
Petition for Writ of Habeas Corpus).

The petitioner may

challenge this conviction in federal court only after he
exhausts his state court remedies by properly presenting his
claims to the Connecticut courts.
The petition for writ of habeas corpus is hereby DISMISSED
for failure to exhaust state court remedies.

As no jurist of

reason would find it debatable that the petitioner failed to
exhaust his state court remedies with regard to all grounds in
the petition, a certificate of appealability will not issue.
See Slack v. McDaniel, 529 U.S. 473, 484 (2000) (holding that,
when the district court denied a habeas petition on procedural
grounds, a certificate of appealability should issue if jurists
of reason would find debatable the correctness of the district
court’s ruling).
The Clerk is directed to enter judgment and close this
case.
It is so ordered.
Signed this 25th day of October, 2016 at Hartford,
Connecticut.
__________/s/AWT____________
Alvin W. Thompson
United States District Judge
2