Terrell v. Sedgwick County District Court

Filing 5

NOTICE AND ORDER TO SHOW CAUSE ENTERED: Petitioner's motion for leave to proceed in forma pauperis 2 is granted. Petitioner's motion to amend sentence and/or drop the KORA 3 is construed as an amendment to the petition and is granted. Petitioner is granted to and including October 20, 2017, to show cause why this matter should not be dismissed due to his failure to exhaust state court remedies. Signed by U.S. Senior District Judge Sam A. Crow on 09/20/17. Mailed to pro se party Edward E. Terrell, Sr. by regular mail. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

EDWARD E. TERRELL, SR.,
Petitioner,
v.

CASE NO. 17-3125-SAC

SEDGWICK COUNTY DISTRICT COURT,
Respondent.

NOTICE AND ORDER TO SHOW CAUSE
This matter is a petition for habeas corpus. It appears
petitioner was convicted of failure to comply with the Kansas Offender
Registration Act (KORA). He claims the retroactive application of the
KORA to him violates the Eighth Amendment, that he was denied a speedy
trial, and that he received ineffective assistance of counsel.
A state prisoner who applies for federal habeas corpus relief
may not proceed under 28 U.S.C. § 2254 “unless it appears that the
applicant has exhausted the remedies available in the courts of the
State, or that there is either an absence of available State corrective
process or the existence of circumstances rendering such process
ineffective to protect the rights of the prisoner.” 28 U.S.C. §2254
(b).
To properly exhaust state court remedies, a “state prisoner must
give state courts one full opportunity to resolve any constitutional
issues by invoking one complete round of the State’s established
appellate review process.” Frost v. Pryor, 749 F.3d 1212, 1231 (10th
Cir. 2014)(internal quotation marks omitted). A complete round
requires a prisoner to seek discretionary review in the state supreme
court. See id.

The present record does not suggest that petitioner has presented
his claims in the state appellate courts. Because it is the
petitioner’s burden to show his exhaustion of state court remedies,
see Hernandez v. Starbuck, 69 F.3d 1089, 1092 (10th Cir. 1995), the
Court will direct petitioner to show cause why this matter should not
be dismissed without prejudice to allow him to pursue available state
court remedies.
IT IS, THEREFORE, BY THE COURT ORDERED petitioner’s motion for
leave to proceed in forma pauperis (Doc. #2) is granted.
IT IS FURTHER ORDERED petitioner’s motion to amend sentence
and/or Drop the KORA (Doc. #3) is construed as an amendment to the
petition and is granted.
IT IS FURTHER ORDERED petitioner is granted to and including
October 20, 2017, to show cause why this matter should not be dismissed
due to his failure to exhaust state court remedies.
IT IS SO ORDERED.
DATED:

This 20th day of September, 2017, at Topeka, Kansas.

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