Grigsby v. Harris

Filing 5

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that this action is DISMISSED without prejudice to refiling after Grigsbys state remedies are exhausted. IT IS FURTHER ORDERED that I will not issue a certificate of appealability.An Order of Dismissal will be filed separately. Signed by District Judge Rodney W. Sippel on 11/18/14. (ARL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DUSTIN MATTHEW GRIGSBY,
Petitioner,
v.
BILL HARRIS,
Respondent,

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No. 4:14CV1849 NAB

MEMORANDUM AND ORDER
Dustin Grigsby filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254
without first exhausting available state remedies. Therefore, I will dismiss this action without
prejudice to refiling after state remedies are exhausted.
On April 22, 2014, Grigsby pled guilty to charges of first and second degree arson.
Missouri v. Grigsby, 13L6-CR01071-01 (Lincoln County). On August 21, 2014, the state court
sentenced him to a total prison term of fifteen years. Id. Grigsby did not appeal. On October
22, 2014, he filed a motion for postconviction relief under Rule 24.035 of the Missouri Supreme
Court Rules in the Circuit Court for Lincoln County. Grigsby v. Missouri, No. 14L6-CC00137.
The motion is currently pending.
Under 28 U.S.C. § 2254(b), a state prisoner must exhaust his state remedies before
bringing a federal habeas petition. Because his Rule 24.035 motion is pending, Grigsby’s state
remedies are not exhausted.
Accordingly,
IT IS HEREBY ORDERED that this action is DISMISSED without prejudice to
refiling after Grigsby’s state remedies are exhausted.

IT IS FURTHER ORDERED that I will not issue a certificate of appealability.
An Order of Dismissal will be filed separately.
Dated this 19th day of November, 2014.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

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