Rayford v. Kansas, State of

Filing 2

MEMORANDUM AND ORDER ENTERED: Plaintiff is granted to and including February 15, 2013, to submit the $5.00 filing fee or a motion to proceed in forma pauperis and to show cause why this matter should not be construed as a petition for habeas co rpus and dismissed as premature. The failure to file a timely response may result in the dismissal of this matter without additional prior notice. Signed by Senior District Judge Sam A. Crow on 1/17/2013. (Mailed to pro se party Robert L. Rayford by regular mail.) (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

ROBERT L. RAYFORD,
Plaintiff,
v.

CASE NO. 12-3264-SAC

STATE OF KANSAS,
Defendant.

MEMORANDUM AND ORDER

This matter is a civil rights action filed pursuant to 42 U.S.C.
§ 1983. Plaintiff, a prisoner at the Sedgwick County Jail, proceeds
pro se.
The court has examined the complaint and has liberally construed
the allegations. Because plaintiff appears to challenge the fairness
of state criminal proceedings against him, the court construes this
matter as a petition for habeas corpus, which provides the sole federal
remedy for a challenge to the validity of a state court conviction.
See Preiser v. Rodriguez, 411 U.S. 475, 504 (1973). Before plaintiff
may pursue such an action, he must exhaust state court remedies by
presenting his claims for relief to the state courts, including the
state appellate courts. See Montez v. McKinna, 208 F.3d 862, 866 (10th
Cir. 2000).
For these reasons, the court is considering the dismissal of this
matter without prejudice to allow plaintiff to pursue available
remedies in the state courts.
IT IS, THEREFORE, BY THE COURT ORDERED plaintiff is granted to
and including February 15, 2013, to submit the $5.00 filing fee or

a motion to proceed in forma pauperis and to show cause why this matter
should not be construed as a petition for habeas corpus and dismissed
as premature. The failure to file a timely response may result in the
dismissal of this matter without additional prior notice.
A copy of this order shall be transmitted to the plaintiff.
IT IS SO ORDERED.
DATED:

This 17th day of January, 2013, at Topeka, Kansas.

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