Walker v. Clipper

Filing 3

Memorandum Opinion and Order Walker has an appeal pending in the OhioCourt of Appeals raising grounds sought to be raised in his habeas petition before this court. Without regard to the potential merits of the grounds sought to be raised here in, he has yet to exhaust his state court remedies. The petition is thus premature. This action 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. Fed.R.App.P. 22(b); 28 U.S.C. § 2253. Signed by Judge Solomon Oliver, Jr. on 2/12/2018. (R,Sh)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

CHARLES WALKER,
Petitioner,
v.
KIMBERLY CLIPPER,
Respondent.

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Case No.: 1:18 CV 193
JUDGE SOLOMON OLIVER, JR.
MEMORANDUM OF OPINION
AND ORDER

On January 24, 2018, petitioner pro se Charles Walker, an inmate at the Lorain
Correctional Institution, filed the above-captioned petition for writ of habeas corpus under 28
U.S.C. § 2254. The petition indicates Walker challenges his convictions, in November 2017, for
aggravated murder, murder, felonious assault, discharge of a firearm, and carrying a concealed
weapon.
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. 28 U.S.C. § 2254(a). In addition, petitioner must have exhausted all available state
remedies. 28 U.S.C. § 2254(b).
It is apparent of the face of the petition that Walker has an appeal pending in the Ohio
Court of Appeals raising grounds sought to be raised in his habeas petition before this court.
Thus, without regard to the potential merits of the grounds sought to be raised herein, he has yet
to exhaust his state court remedies. The petition is thus premature.
Accordingly, this action 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. Fed.R.App.P. 22(b); 28 U.S.C. § 2253.
IT IS SO ORDERED.

/S/ SOLOMON OLIVER, JR.
UNITED STATES DISTRICT JUDGE

February 12, 2018

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