Meeks v. Cassady

Filing 3

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that no order to show cause shall issue at this time as to respondent. IT IS FURTHER ORDERED that petitioner shall show cause within thirty (30) days of the date of this Order as to why the Court should not d ismiss the instant application for failure to exhaust available state remedies. Petitioners failure to file a show cause response shall result in the dismissal of this action, without prejudice. Response to Court due by 2/26/2015. Signed by District Judge Audrey G. Fleissig on 1/27/15. (JWJ)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

CHAVIS MEEKS,
Petitioner,
v.
JAY CASSADY,
Respondent.

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No. 4:15-CV-16-AGF

MEMORANDUM AND ORDER
Petitioner Chavis Meeks seeks a writ of habeas corpus pursuant to 28 U.S.C.
§ 2254. Having reviewed the petition, the Court will order petitioner to show
cause as to why this action should not be dismissed for failure to exhaust available
state remedies.
The Petition
Petitioner, an inmate at the Jefferson City Correctional Center, seeks release
from confinement pursuant to 28 U.S.C. § 2254. Petitioner was sentenced on
September 20, 2012, in the St. Louis City Circuit Court. Petitioner states that his
appeal is currently pending with the Missouri Court of Appeals for the Eastern
District.

Discussion
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. By petitioner’s own admission, he has available procedures
that he must exhaust.
In accordance with the foregoing,
IT IS HEREBY ORDERED that no order to show cause shall issue at this
time as to respondent.
IT IS FURTHER ORDERED that petitioner shall show cause within
thirty (30) days of the date of this Order as to why the Court should not dismiss the
instant application for failure to exhaust available state remedies. Petitioner’s
failure to file a show cause response shall result in the dismissal of this action,
without prejudice.
Dated this 27th day of January, 2015.

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UNITED STATES DISTRICT JUDGE
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