Reeves v. Sloan

Filing 4

Memorandum Opinion and Order granting Petitioner's Motion to proceed in forma pauperis (Doc. # 2 ). This action is dismissed without prejudice. An appeal from this decision may not be taken in good faith and there is no basis upon which to issue a certificate of appealability. Judge John R. Adams on 1/25/17. (K,C)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO

WILLIAM REEVES,
Petitioner,
v.
BRIGHAM SLOAN,
Respondent.

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CASE NO. 5:16 CV 2909
JUDGE JOHN R. ADAMS
MEMORANDUM OF OPINION
AND ORDER

On December 2, 2016, petitioner pro se William Reeves, an inmate at the Lake Erie
Correctional Institution, filed the above-captioned in forma pauperis petition for writ of habeas
corpus under 28 U.S.C. § 2254. The petition indicates Reeves challenges his convictions,
pursuant to a guilty plea, of “drug charges.” For the reasons stated below, the petition is denied
and this action is dismissed.
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).
As grounds for the petition, Reeves asserts he is being held on an expired sentence. It is
apparent of the face of the petition, however, that he has an action pending in the Ohio Court of
Appeals raising this issue. Without regard to the potential merits of the ground sought to be
raised herein, Reeves has not yet exhausted his state court remedies. The petition is thus
premature.

Accordingly, the request to proceed in forma pauperis is granted, and this action is
dismissed without prejudice pursuant to Rule 4 of the Rules Governing Section 2254 Cases.
Further, 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/ John R. Adams
JOHN R. ADAMS
UNITED STATES DISTRICT JUDGE

Date: January 25, 2017

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