Scott v. Bush et al

Filing 4

OPINION, MEMORANDUM AND ORDER: re: 2 HEREBY ORDERED that petitioner's request for leave to proceed in forma pauperis [Doc. # 2 ] is GRANTED. FURTHER ORDERED that the Clerk of Court shall forward to petitioner the court-provided form for fili ng a "Petition for a Writ of Habeas Corpus under 28 U.S.C. ' 2241' (Form AO-0242). FURTHER ORDERED that petitioner shall complete this habeas corpus form petition in its entirety and return it to the Court within thirty (30) days from the date of this Order. FURTHER ORDERED that if petitioner fails to comply with this Order, the Court will dismiss this action, without prejudice and without further notice to him.( Response to Court due by 2/27/2015.). Signed by District Judge Henry Edward Autrey on 01/27/2015. (form mailed to petitioner)(CLK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

TODD W. SCOTT,
Petitioner,
vs.
UNKNOWN BUSH, et al.,
Respondents.

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No. 4:14CV2074 HEA

OPINION, MEMORANDUM AND ORDER
This matter is before the Court upon review of petitioner=s motion for leave to
proceed in forma pauperis [Doc. #2]. The Court will grant the motion.
Petitioner, a pre-trial detainee at the St. Louis City Justice Center, has filed a
petition for writ of habeas corpus [Doc. #1]. Liberally construing the petition,
petitioner is challenging the merits of his ongoing state criminal proceeding;
however, the habeas petition was not drafted on a court-provided form, and it is
unclear if petitioner exhausted his available remedies prior to filing this action.1

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In the absence of exceptional circumstances, a state prisoner must exhaust
currently available and adequate state remedies before invoking federal habeas
corpus jurisdiction. Braden v. 30th Judicial Circuit Court of Kentucky, 410 U.S.
484 (1973). State remedies are ordinarily not considered exhausted if an individual
may effectively present his claim to the state courts by any currently available and
adequate procedure. Not only will petitioner have the opportunity to raise
constitutional challenges in the context of his state criminal proceedings, and if
necessary, subsequent appeal, but the State of Missouri provides habeas corpus
relief for prisoners in its custody.

For these reasons, the Court will instruct petitioner to file an amended petition on a
court-provided form.
Therefore,
IT IS HEREBY ORDERED that petitioner's request for leave to proceed in
forma pauperis [Doc. #2] is GRANTED.
IT IS FURTHER ORDERED that the Clerk of Court shall forward to
petitioner the court-provided form for filing a "Petition for a Writ of Habeas Corpus
under 28 U.S.C. ' 2241" (Form AO-0242).
IT IS FURTHER ORDERED that petitioner shall complete this habeas
corpus form petition in its entirety and return it to the Court within thirty (30) days
from the date of this Order.
IT IS FURTHER ORDERED that if petitioner fails to comply with this
Order, the Court will dismiss this action, without prejudice and without further
notice to him.
Dated this 27th day of January, 2015.

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HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE

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