KIM v. STATE OF INDIANA

Filing 27

ENTRY Dismissing Petition for Writ of Habeas Corpus and Directing Entry of Judgment (S.E.) cm. Signed by Judge Sarah Evans Barker on 1/4/2010.(MAC)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA KAY KIM, Petitioner, v. STATE OF INDIANA, Respondent. ) ) ) ) ) ) ) ) No. 1:09-cv-1221-SEB-JMS Entry Discussing Petition for Writ of Habeas Corpus The respondent's argument that the petition for a writ of habeas corpus of Kay Kim should be dismissed for failure to exhaust available remedies in the Indiana state courts is sustained. Accordingly, Kim's habeas petition will be dismissed without prejudice. The reasons for this ruling are that (1) "[b]efore seeking a federal writ of habeas corpus, a state prisoner must exhaust available state remedies," Baldwin v. Reese, 541 U.S. 27, 29 (2004)(citing 28 U.S.C. 2254(b)(1)), (2) Kim did not present her habeas claims to the Indiana state courts prior to filing this action, and (3) a meaningful remedy exists in the Indiana courts for Kim to present her habeas claims, this consisting of an effort to appeal the trial court's order finding that she is incompetent to proceed to trial. Judgment consistent with this Entry shall now issue. IT IS SO ORDERED. Date: 01/04/2010 _______________________________ SARAH EVANS BARKER, JUDGE United States District Court Southern District of Indiana

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