Scott v. Goodwin

Filing 7

MEMORANDUM ORDER: Directing plaintiff to amend petition. Pro Se Response due by 3/19/2018. Signed by Magistrate Judge Joseph H L Perez-Montes on 2/15/2018. (crt,Haik, K)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
CARL LYNN SCOTT,
Petitioner

CIVIL ACTION NO. 5:18-CV-008-P

VERSUS

JUDGE ELIZABETH E FOOTE

JERRY GOODWIN,
Respondent

MAGISTRATE JUDGE PEREZ-MONTES

MEMORANDUM ORDER
Before the Court is a petition for writ of habeas corpus filed pursuant to 28
U.S.C. § 2254 by pro se Petitioner Carl Lynn Scott (“Scott”) (#703541). Scott is an
inmate in the custody of the Louisiana Department of Corrections, incarcerated at
David Wade Correctional Center (“DWCC”) in Homer, Louisiana. Scott challenges
his convictions of forcible rape and second degree kidnapping.
I.

Background
Scott was convicted of forcible rape and second degree kidnapping in the First

Judicial District Court, Caddo Parish. State v. Scott, 209 So. 3d 248, 250 (La. App.
2d Cir. 2016), writ denied, 229 So. 3d 478 (La. 2017). Scott received consecutive 25year sentences. Id. Through counsel, Scott appealed his sentence as excessive. He
also filed a pro se brief raising a speedy trial issue. Id. The appellate court affirmed
the convictions and the sentence for second degree kidnapping.

Finding Scott’s

sentence for forcible rape was illegally lenient, that conviction was remanded for
resentencing. Id. The Louisiana Supreme Court denied writs. See State v. Scott,
229 So. 3d 478 (La. 2017).

Scott’s only claim in his § 2254 petition is that he was denied a speedy trial in
violation of his due process rights. (Doc. 1, p. 5).
II.

Instructions to Amend
Before seeking federal habeas corpus relief, a state prisoner must exhaust

available state remedies, thereby giving the State the opportunity to pass upon and
correct alleged violations of its prisoners’ federal rights. See Baldwin v. Reese, 541
U.S. 27, 29 (2004); O'Sullivan v. Boerckel, 526 U.S. 838, 842 (1999); Duncan v. Henry,
513 U.S. 364, 365 (1995); 28 U.S.C. § 2254(b)(1). To provide the State with this
necessary “opportunity,” the prisoner must “fairly present” his claim to the
appropriate state court in a manner that alerts that court to the federal nature of the
claim. Baldwin v. Reese, 541 U.S. at 29-32 (rejecting the argument that a petitioner
“fairly presents” a federal claim, despite failing to give any indication in his appellate
brief of the federal nature of the claim through reference to any federal source of law,
when the state appellate court could have discerned the federal nature of the claim
through review of the lower state court opinion); Gray v. Netherland, 518 U.S. 152,
162-63 (1996) (claim for federal relief must include reference to a specific
constitutional guarantee, as well as a statement of facts that entitle the petitioner to
relief).
The opinion of the appellate court indicates that Scott only claimed he was
denied a right to speedy trial under Louisiana law. See State v. Scott, 209 So. 3d at
254. In order to determine whether Scott presented a federal constitutional issue to
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the Louisiana courts, Scott shall state whether he alleged the violation of a
constitutional right in his pro se appellate brief. Scott shall also supplement his
petition with a copy of his appellate briefs filed in the Louisiana Second Circuit Court
of Appeal and Louisiana Supreme Court raising the speedy trial issue.
IT IS ORDERED that Scott amend his complaint within thirty (30) days of the
filing of this Order to provide the information outlined above. If additional time is
required, Scott must file a motion for extension of time within which to comply with
the Order.
Failure to comply with this Order may result in dismissal of this action under
Rule 41(b) or 16(f) of the Federal Rules of Civil Procedure. Petitioner is further
required to notify the Court of any change in his address under Rule 41.3 of the Local
Rules for the Western District of Louisiana.
THUS DONE AND SIGNED in chambers in Alexandria, Louisiana, this
15th
_______ day of February, 2018.
____________________________________
Joseph H.L. Perez-Montes
United States Magistrate Judge

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