KIM v. STATE OF INDIANA
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)
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA
KAY KIM, Petitioner, v. STATE OF INDIANA, Respondent.
) ) ) ) ) ) ) )
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.
_______________________________ SARAH EVANS BARKER, JUDGE United States District Court Southern District of Indiana
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?