Lenhart v. Lazaroff

Filing 6

Memorandum of Opinion and Order For the reasons set forth herein, the request to proceed in forma pauperis (ECF No. 2 ) is granted, the petition is denied, and this case is dismissed without prejudice pursuant to Rule 4 of the Rules Governi ng Section 2254 Cases. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal from this decision could not be taken in good faith, and that there is no basis on which to issue a certificate of appealability. 28 U.S.C. § 2253; Fed. R. App. P. 22(b). Judge Benita Y. Pearson on 1/30/2015. (JLG)

PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

CHRISTOPHER E. LENHART,
Petitioner,
v.
ALAN LAZAROFF, Warden,
Respondent.

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CASE NO. 1:14CV2310

JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION
AND ORDER

On October 16, 2014, Pro se Petitioner Christopher E. Lenhart filed the above-captioned
habeas corpus action under 28 U.S.C. § 2254. Lenhart challenges his convictions, pursuant to a
guilty plea, for burglary, kidnapping, notice of change of address, and intimidation of crime
victim or witness.
A federal court may entertain a habeas petition filed by a person in state custody only on
the ground that he is in custody in violation of the Constitution, laws, or treaties of the United
States. In addition, a petitioner must have exhausted all available state remedies. 28 U.S.C. §
2254(b), (c).
It is evident on the face of the Petition (ECF No. 1 at PageID #: 5-6) that Lenhart has not
exhausted his state court remedies, as he has a post-conviction motion pending in the Cuyahoga
County, Ohio Court of Common Pleas (Case No. CR-12-558148-A) in which he asserts he was

(1:14CV2310)
denied the effective assistance of trial counsel—a claim also set forth in the instant case. The
petition is thus premature.
Accordingly, the request to proceed in forma pauperis (ECF No. 2) is granted, the
petition is denied, and this case is dismissed without prejudice pursuant to Rule 4 of the Rules
Governing Section 2254 Cases. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an
appeal from this decision could not be taken in good faith, and that there is no basis on which to
issue a certificate of appealability. 28 U.S.C. § 2253; Fed. R. App. P. 22(b).

IT IS SO ORDERED.

January 30, 2015
Date

/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge

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