Woods v. Osburn

Filing 3

MEMORANDUM AND ORDER ENTERED: The petition is dismissed without prejudice. The motion 2 for leave to proceed in forma pauperis is denied as moot. Signed by Senior District Judge Sam A. Crow on 6/7/2012. (Mailed to pro se party Kishen Woods, Sr. by regular mail.) (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

KISHEN WOODS, SR.,
Petitioner,
v.

CASE NO. 12-3094-SAC

ALICE OSBURN,
Respondent.

MEMORANDUM AND ORDER
This matter comes before the court on a petition for habeas
corpus filed pursuant to 28 U.S.C. § 2254. Petitioner is confined in
the Sedgwick County Jail.
The court has examined the petition and takes judicial notice
of the facts that petitioner is charged with first-degree murder and
criminal possession of a firearm, that he was bound over for trial
in January 2012,1 and that the trial has been postponed.2
The petition does not identify any grounds for relief, nor does
petitioner

identify

any

action

by

the

respondent,

his

defense

attorney, beyond the notation that she represented him at the
preliminary hearing.
The remedy under § 2254 allows a federal district court to
review

state

criminal

convictions

to

determine

1

Wichita Eagle, Jan. 18, 2012, 2102 WLNR 1162617.

2

Wichita Eagle, May 7, 2012, 2012 WLNR 9595937.

whether

the

petitioner is in custody in violate of the Constitution or laws or
treaties of the United States. §2254(a). However, before a matter is
suitable for review in habeas corpus, the petitioner ordinarily must
pursue state court remedies and must present his claims to the state
appellate courts, including the state supreme court. §2254(b)(1).
This exhaustion requirement requires the petitioner to “give the
state courts one full opportunity to resolve any constitutional
issues by invoking one complete round of the State’s established
appellate review process.” O’Sullivan v. Boerckel, 526 U.S. 838, 845
(1999).
Because petitioner has not presented any claim that has been
properly

exhausted,

the

court

will

deny

this

matter

without

prejudice.
IT

IS,

THEREFORE,

BY

THE

COURT

ORDERED

the

petition

is

dismissed without prejudice.
IT IS FURTHER ORDERED the motion for leave to proceed in forma
pauperis (Doc. 2) is denied as moot.
A copy of this order shall be transmitted to the petitioner.
IT IS SO ORDERED.
DATED:

This 7th day of June, 2012, at Topeka, Kansas.

S/ Sam A. Crow
SAM A. CROW
U.S. Senior District Judge

2