Wood v. Red River Parish Jail

Filing 15

ORDERED that Petitioner's Petition for Writ of Habeas Corpus (Rec. Doc. 5 ) is DISMISSED WITHOUT PREJUDICE. It is ORDERED that Petitioner is granted leave to submit any evidence or argument concerning exhaustion of administrative remedies within 30 days of entry of this order. Signed by Judge Carl Barbier. (gec)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
KEVIN WOOD

CIVIL ACTION

VERSUS

NO: 16-17888

RED RIVER PARISH JAIL

SECTION: “J”(3)
ORDER

Before the Court is a Petition for Writ of Habeas Corpus under
28 U.S.C. § 2241 (Rec. Doc. 5) filed by pro se Petitioner Kevin
Wood.

The State of Louisiana, through the district attorney of

the Parish of Red River filed an answer to the petition (Rec. Doc.
12).

For the reasons stated below, the Court finds that the

petition should be DISMISSED WITHOUT PREJUDICE.
Petitioner claims that the Sheriff Department of the Red River
Parish arrested him without probable cause, placed him in a vehicle
with the heat on for three hours, and applied handcuffs so tightly
that his wrists were cut.

Petitioner also alleges that because he

threatened to sue, the Sheriff Department held him in jail for
approximately 39 days. Finally, Petitioner alleges that his stateappointed attorney has failed to meet with him despite numerous
attempts by Petitioner and his family members to make contact.
The State argues that Petitioner has failed exhaust his
administrative remedies.

Petitioner has submitted no evidence to

counter the State’s contention and has not argued that exhaustion

of administrative remedies is not necessary in this case.

A

petitioner in state custody must exhaust his available state court
remedies before filing the petition in federal court.

Whitehead

v. Johnson, 157 F.3d 384, 387 (5th Cir. 1998) (“A federal habeas
petition should be dismissed if state remedies have not been
exhausted

as

to

all

of

the

federal

court

claims.”)

Until

Petitioner exhausts all his remedies, this case must be dismissed.
Accordingly,
IT IS ORDERED that Petitioner’s Petition for Writ of Habeas
Corpus (Rec. Doc. 5) is DISMISSED WITHOUT PREJUDICE.
IT IS ORDERED that Petitioner is granted leave to submit any
evidence

or

argument

concerning

exhaustion

of

administrative

remedies within thirty (30) days of entry of this order.
New Orleans, Louisiana, this 7th day of July, 2017.

____________________________
CARL J. BARBIER
UNITED STATES DISTRICT JUDGE