Akram v. Warden Pickaway Correctional Institution

Filing 5

Memorandum of Opinion and Order: For the foregoing reasons, and pursuant to the Rule 4 of the Rules Governing Section 2254 Cases, this action is dismissed without prejudice for failure to exhaust state remedies. The Court further 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. Judge Patricia A. Gaughan on 1/26/15. (LC,S)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO

Aleem Akram,
Petitioner,
v.
Brian Cook, Warden,
Pickway Correctional Institution,
Respondent.

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CASE NO. 3:14 CV 2415
JUDGE PATRICIA A. GAUGHAN

Memorandum of Opinion and Order

Pro se petitioner Aleem Akram has filed the pending Petition for a Writ of Habeas
Corpus pursuant to 28 U.S.C. §2254. (Doc. 1.) He seeks to challenge his conviction, pursuant
to a guilty plea in the Hancock County Court of Common Pleas, for possession of drugs.
He contends his constitutional rights were violated and that his counsel was ineffective.
A federal court may entertain a habeas petition filed by a person in state custody 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 petitioner must exhaust all state remedies available to him. 28
U.S.C. §2254(b).
It is clear from the face of the petition that the petitioner did not appeal his conviction
and did not exhaust his state remedies on any claim asserted in his petition. Although the time
for filing a notice of appeal in the Ohio courts as of right has now expired, petitioner may still

pursue an appeal under Ohio Appellate Rule 5. Thus, regardless of the potential merits of
petitioner’s claims, on which the Court expresses no opinion, his petition is subject to dismissal
for failure to exhaust.
Conclusion
For the foregoing reasons, and pursuant to the Rule 4 of the Rules Governing Section
2254 Cases, this action is dismissed without prejudice for failure to exhaust state remedies. The
Court further 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.
IT IS SO ORDERED.

/s/ Patricia A. Gaughan
PATRICIA A. GAUGHAN
United States District Judge
Dated: 1/26/15

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