Cassell v. Gray

Filing 3

Order: The Petition is denied and this action is dismissed pursuant to Rule 4 of the Rules Governing Section 2254 Cases, without prejudice to refiling upon exhaustion of state court remedies. 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. Judge James G. Carr on 4/18/18. (C,D)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION
Richard Ryan Cassell,

Case No. 5:17 CV 2622
Petitioner

v.

ORDER

Warden David W. Gray,
Respondent
On December 18, 2017, Petitioner pro se Richard Ryan Cassell filed the above-captioned
action for writ of habeas corpus under 28 U.S.C. § 2254. Cassell seeks to challenge his
convictions, in the Stark County Court of Common Pleas, for gross sexual imposition and
disseminating matter harmful to juveniles.
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, a petitioner must have exhausted all available state
remedies. 28 U.S.C. § 2254(b).
It is evident on the face of the Petition that Cassell has not yet sought review of his
convictions in the Ohio Supreme Court. ECF Doc #1-2. Such review may be available, see Ohio
Sup.Ct.R.P. 7.01(A)(4)(a), and must be sought in order to exhaust state court remedies. Rust v.
Zent, 17 F.3d 155, 160 (6th Cir. 1994).
Accordingly, the Petition is denied and this action is dismissed pursuant to Rule 4 of the

Rules Governing Section 2254 Cases, without prejudice to refiling upon exhaustion of state court
remedies. 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.
So ordered.

s/James G. Carr
Sr. U.S. District Judge

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