Ridge et al v. Missoula County Detention Facility et al

Filing 4

ORDER DISMISSING CASE. The motion to proceed in form pauperis 2 is GRANTED. The Petition 1 is DISMISSED WITHOUT PREJUDICE, and a certificate of appealability is DENIED. Signed by Judge Dana L. Christensen on 1/6/2012. Mailed to Ridge. (TAG, )

FILED
JAN 06
IN THE UNITED STATES DISTRICT COURT ....P,I<TR1Ck€
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2012

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FOR THE DISTRICT OF MONTANA

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MISSOULA DIVISION

CASEY CLINTON RIDGE,

Cause No. CV 12-01-M-DLC

Petitioner,

vs.

ORDER OF DISMISSAL

STATE OF MONTANA; UNITED
STATES DISTRICT COURT,
Respondents.

On January 3, 2012, Petitioner Casey Clinton Ridge filed a petition for writ of
habeas corpus. Ridge is a state prisoner proceeding pro se. His motion to proceed
in forma pauperis is incomplete, but there is no need to delay resolution of the case.
It appears as ifRidge has presented his claims to the Montana Supreme Court.

Pet. (doc. 1) at 3-13 ,-r,-r 8-13. He refers to a habeas proceeding in the Montana
Supreme Court. fd. at 4,-r 14. In fact, the records of the Montana Supreme Court
show the action remains pending. Ridge v. State o/Montana, No. OP 11-0592 (Mont.
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filed Oct. 7, 2011).
Before a federal court may entertain a state prisoner's petition for writ of
habeas corpus, the prisoner must exhaust available state judicial remedies with
respect to each claim he raises in federal court. 28 U.S.C. § 2254(b)(I)(A), (c).
Exhaustion provides a "simple and clear instruction to potential litigants: before you
bring any claims to federal court, be sure that you first have taken each one to state
court." Rose v. Lundy, 455 U.S. 509, 520 (1982).
Ridge may file a petition for writ ofhabeas corpus after his state remedies have
been exhausted. At this point, they plainly have not. A certificate of appealability
is not warranted for Ridge's wholly unexhausted petition. Lambright v. Stewart, 220
F.3d 1022, 1026 (9th Cir. 2000) (quoting Slack v. McDaniel, 529 U.S. 473,484
(2000».

Based on the foregoing, the Court enters the following:
ORDER

1. The motion to proceed in form pauperis (doc. 2) is GRANTED, and the
Clerk of Court shall waive payment of the filing fee;
2. The Petition (doc. 1) is DISMISSED WITIIOUT PREJUDICE;
3. A certificate of appealability is DENIED; and

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4. The Clerk of Court shall immediately enter, by separate document, a
judgment of dismissal without prejudice .
DATED this

L.fh day of January,

Dana L. Christensen
United States District Court

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