Neal v. Circuit Court of Marshall County
Filing
15
MEMORANDUM OPINION and ORDER re 14 Final Judgment on Motion to Dismiss. Signed by District Judge Sharion Aycock on 7/9/13. (mhg)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
WILLIE NEAL,
VS.
PETITIONER
CIVIL ACTION NO.: 3:13cv75-SA-SAA
CIRCUIT COURT OF MARSHALL COUNTY,
RESPONDENT
MEMORANDUM OPINION AND ORDER
This matter is before the Court upon Petitioner’s motion for a petition for writ of habeas
corpus, and Respondent’s motion to dismiss the petition for Petitioner’s failure to exhaust his
State court remedies. Petitioner, Willie Neal, a Mississippi inmate currently housed at the Leake
County Correctional Facility in Carthage, Mississippi, has filed the instant petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254, seeking to challenge his conviction and sentence for
armed robbery in the Circuit Court of Marshall County, Mississippi. Having considered the
submissions of the parties and the applicable law, the Court finds that Respondent’s motion
should be granted, and the instant petition dismissed, for the reasons that follow.
Background
According to Petitioner, he pleaded guilty to robbery in the Circuit Court of Marshall
County, Mississippi, and received a twenty year sentence of imprisonment, with ten years
suspended, on March 6, 2012. (See ECF no. 1, 1-2). On or about March 14, 2013, he filed a
petition for writ of habeas corpus in the United States District Court for the Southern District of
Mississippi that was transferred to this Court on or about March 20, 2013. In his petition, the
asserts as his sole ground for relief that he was pressured by his lawyer and the D.E.A. to plead
guilty. He also maintains that he needs counsel appointed in order to properly exhaust his case
in the State courts.
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Discussion
Petitioner is required to exhaust all of his claims in State court before he may request that
federal habeas relief be granted. 28 U.S.C. § 2254(b)(1); Smith v. Quarterman, 515 F.3d 392,
400 (5th Cir. 2008) (citation omitted). Petitioner has not filed a petition for post-conviction relief
in State court, and he still has time under the State’s three (3) year statute of limitations to seek
post-conviction collateral relief. See Miss. Code Ann. § 99-39-5(2). While the Court has the
discretion to stay his federal habeas petition in “limited circumstance” upon a proper showing of
good cause for failing to exhaust his State court remedies, the Court does not find that Petitioner
has shown good cause in this instance. Rhines v. Weber, 544 U.S. 269, 276-77 (2005).
Therefore, because Petitioner concedes that he has not presented his claims in State court and has
not exhausted his available State court remedies, the Court will dismiss the instant petition for
federal habeas relief. See Smith, 515 F.3d at 400; 28 U.S.C. § 2254(b)(1)(A) and (c).
Accordingly, Respondent’s motion is GRANTED, and the instant petition for a writ of
habeas corpus is DISMISSED WITHOUT PREJUDICE. Any pending motions are DENIED.
The Court will enter a final judgment by separate order.
SO ORDERED, this the 9th day of July, 2013.
/s/ Sharion Aycock
U.S. DISTRICT JUDGE
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