Hughes (ID 96576) v. Secretary of Corrections

Filing 3

MEMORANDUM AND ORDER ENTERED: Petitioner is granted to and including December 22, 2017, to show cause why this matter should not be dismissed without prejudice. Signed by U.S. Senior District Judge Sam A. Crow on 11/28/17. Mailed to pro se party Charley Hughes by regular mail. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

CHARLEY HUGHES,
Petitioner,
v.

CASE NO. 17-3204-SAC

WARDEN DAN SCHNURR1,
Respondent.

MEMORANDUM AND ORDER
This matter is a petition for habeas corpus filed under 28 U.S.C.
§ 2254 by a prisoner in state custody. Petitioner proceeds pro se,
and his fee status is pending.
Screening
Rule 4 of the Rules Governing Section 2254 Cases in the United
States District Courts requires the Court to promptly review a
petition and to dismiss it if it plainly appears the petitioner is
not entitled to habeas corpus relief.
Here, petitioner states that he recently discovered an error in
his state court sentence; specifically, he alleges that he has been
sentenced twice for the same crime. He seeks immediate release and
damages.
Petitioner does not assert that he has sought relief in the state
courts concerning his claim of sentencing error. An applicant for
habeas corpus relief is required to exhaust available state court
remedies before seeking federal relief. See Coleman v. Thompson, 501
1

The Court substitutes Warden Dan Schnurr as the respondent to this action. See
Rule 2(a), Rules Governing Section 2254 Cases in the United States District Courts
(“If the petitioner is currently in custody under a state-court judgment, the
petition must name as respondent the state officer who has custody.”).

U.S. 722, 731 (1991)(requiring a state prisoner seeking habeas relief
to show that he had exhausted state court remedies).
Because it does not appear that petitioner has presented his
claims to the state courts, the Court will direct him to show cause
why this matter should not be dismissed to allow him to do so.
IT IS, THEREFORE, BY THE COURT ORDERED petitioner is granted to
and including December 22, 2017, to show cause why this matter should
not be dismissed without prejudice.
IT IS SO ORDERED.
DATED:

This 28th day of November, 2017, at Topeka, Kansas.

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