Davis v. Superintendent
Filing
3
OPINION AND ORDER finding that 1 Petition for Writ of Habeas Corpus is DISMISSED WITHOUT PREJUDICE. **Civil Case Terminated. Signed by Judge Theresa L Springmann on 02/10/2014. (rmn)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
MICHAEL JAMES DAVIS,
Petitioner,
v.
SUPERINTENDENT,
Respondent.
)
)
)
)
)
)
)
)
)
CAUSE NO. 2:14-CV-34-TLS
OPINION AND ORDER
This is the third time that Michael James Davis, a pro se prisoner, has filed a habeas
corpus petition attempting to challenge his 1986 conviction in absentia for Deviate Criminal
Conduct in the Lake Superior Court under cause number 45G02-8512-CV-195. Davis is
incarcerated in Colorado and has not yet been sentenced in the Lake County, Indiana case. His
first two habeas corpus cases (3:11-cv-451 and 2:13-cv-66) were dismissed because he had not
yet exhausted his claims in the state courts. This case must be dismissed for the same reason.
Before a petitioner can challenge a State proceeding, he must have previously presented
his claims to the State courts. “This means that the petitioner must raise the issue at each and
every level in the state court system, including levels at which review is discretionary rather than
mandatory.” Lewis v. Sternes, 390 F.3d 1019, 1025–26 (7th Cir. 2004). Based on this petition, it
is clear that Davis has not yet done this. He says that he has a case pending on appeal in Indiana.
Though it is unclear what stages of the process he has completed, it is clear that he is not yet
done. Thus, this court may not grant him habeas corpus relief. 28 U.S.C. 2254(b)(1)(A).
For the foregoing reasons, this petition is DISMISSED WITHOUT PREJUDICE.
SO ORDERED on February 10, 2014.
s/ Theresa L. Springmann
THERESA L. SPRINGMANN
UNITED STATES DISTRICT COURT
FORT WAYNE DIVISION
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?