Mahone v. Prudden

Filing 4

MEMORANDUM AND ORDER: as to Petitioner Michael Andre Mahone; IT IS HEREBY ORDERED that petitioner's motion for leave to proceed in forma pauperis 2 is granted. IT IS FURTHER ORDERED that petitioner will have until September 1, 2016 to show cause in writing why this action should not be dismissed for failure to exhaust state remedies. ( Response to Court due by 9/1/2016.). Signed by District Judge Carol E. Jackson on 8/11/16. (KKS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MICHAEL ANDRE MAHONE,
Petitioner,
v.
DOUGLAS J. PRUDDEN,
Respondent,

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No. 4:16-CV-1122 CEJ

MEMORANDUM AND ORDER
This matter is before the Court on the petition of Michael Mahone for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254. Also before the Court is the petitioner’s motion for leave
to proceed in forma pauperis.
In the absence of exceptional circumstances, a plaintiff 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.
In this case, petitioner is currently pursuing postconviction relief in state court. Mahone
v. Missouri, 13SL-CC01449-01 (St. Louis County). Therefore, it appears that the instant petition
is premature.
Accordingly,
IT IS HEREBY ORDERED that petitioner’s motion for leave to proceed in forma
pauperis is granted.

IT IS FURTHER ORDERED that petitioner will have until September 1, 2016 to show
cause in writing why this action should not be dismissed for failure to exhaust state remedies.
Dated this 11th day of August, 2016.

CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE

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