Taylor v. Sachse

Filing 3

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that, no later than twenty-one days from the date of this Order, petitioner shall show cause why this action should not be summarily dismissed. IT IS HEREBY ORDERED that if petitioner fails to respond to this Order, the Court will dismiss this action without prejudice.. Signed by Magistrate Judge Shirley P. Mensah on 10/8/13. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
REGINALD V. TAYLOR,
Petitioner,
v.
JENNIFER SACHSE,
Respondent.

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No. 4:13CV1938 SPM

MEMORANDUM AND ORDER
This matter is before the Court on petitioner’s petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254. Petitioner challenges a 2012 conviction for domestic
assault. Petitioner filed a motion for postconviction relief under Missouri Court Rule
24.035, and that motion is currently pending in the Circuit Court for St. Louis County.
Taylor v. Missouri, No. 13SL-CC00427 (21st Judicial Cir.).
Before federal habeas relief can be granted, a person in state custody is required
to exhaust available state remedies. 28 U.S.C. § 2254(b)(1). In this case, petitioner
has failed to exhaust his available remedies because his postconviction-relief motion
is currently before the state court. As a result, the Court will order petitioner to show
cause why this case should not be summarily dismissed.
Accordingly,

IT IS HEREBY ORDERED that, no later than twenty-one days from the date
of this Order, petitioner shall show cause why this action should not be summarily
dismissed.
IT IS HEREBY ORDERED that if petitioner fails to respond to this Order, the
Court will dismiss this action without prejudice.
Dated this 8th

day of October, 2013.

/s/ Shirley Padmore Mensah
SHIRLEY PADMORE MENSAH
UNITED STATES MAGISTRATE JUDGE

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