Neloms v. Kansas, State of

Filing 2

MEMORANDUM AND ORDER ENTERED: This matter is liberally construed as a petition for habeas corpus and is dismissed without prejudice as premature. The court declines to issue a certificate of appealability in this matter. Signed by Senior District Judge Sam A. Crow on 4/24/2013. (Mailed to pro se party Michael Neloms by regular mail.) (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

MICHAEL NELOMS,
Plaintiff,
v.

CASE NO. 13-3036-SAC

STATE OF KANSAS,
Defendant.

MEMORANDUM AND ORDER

This matter is a civil action filed by a prisoner in the Sedgwick
County Detention Facility. Plaintiff proceeds pro se, and the court
therefore liberally construes his pleadings. See Haines v. Kerner,
404 U.S. U.S. 519, 520 (1972)(per curiam); Hall v. Bellmon, 935 F.2d
1106, 1110 (10th Cir. 1991).
Plaintiff appears to seek review of criminal proceedings against
him in the District Court of Sedgwick County and broadly alleges
violations of due process, equal protection, and his right to a speedy
trial.
To the extent plaintiff seeks relief from state criminal
proceedings on constitutional grounds, his sole federal remedy is a
writ of habeas corpus. See Preiser v. Rodriguez, 411 U.S. 475, 504
(1973). Before he may seek federal habeas corpus relief, however, he
must exhaust state court remedies. See Montez v. McKinna, 208 F.3d
862, 866 (10th Cir. 2000). Because it does not appear that plaintiff
has yet pursued state appellate remedies, the court will dismiss this
matter without prejudice.

IT IS, THEREFORE, BY THE COURT ORDERED this matter is liberally
construed as a petition for habeas corpus and is dismissed without
prejudice as premature.
IT IS FURTHER ORDERED that the court declines to issue a
Certificate of Appealability in this matter.
A copy of this order shall be transmitted to the plaintiff.
IT IS SO ORDERED.
DATED:

This 24th day of April, 2013, at Topeka, Kansas.

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