Ali, Ouati v. Baenen, Michael

Filing 12

ORDER dismissing petition for a writ of habeas corpus under 28 U.S.C. § 2254 without prejudice so that petitioner may exhaust his state court remedies. Signed by District Judge Barbara B. Crabb on 10/9/2013. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - OUATI K. ALI,
ORDER
Petitioner,
13-cv-132-bbc
v.
MICHAEL BAENEN,
Respondent.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In an order dated September 5, 2013, dkt. #10, I asked petitioner Ouati Ali for the
third time to tell the court whether he wished to dismiss his petition for a writ of habeas
corpus without prejudice to exhaust his state court remedies or proceed solely on the
unexhausted claims. In addition, I wrote, “If he fails to respond or otherwise does not
comply with the instructions in this order, I will dismiss the entire petition without prejudice
for his failure to exhaust his state court remedies.” Id. at 5.
In his response, petitioner acknowledges what the court asked him to do, but he
devotes most of the response to explaining why he believes the National Legal Professional
Association committed malpractice when helping him prepare his post conviction motions
in state court. He does not say that any failures of the association are relevant to the issue
of exhaustion. Instead, he says that he is investigating a possible civil suit against the
association.

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In the last sentence of his response, petitioner writes, “Therefore, the Petitioner
respectfully ask[s] that this court dismiss this petition without prejudice.”

Although

petitioner does not say that he wants an opportunity to finish exhausting his state court
remedies, I will grant his request and dismiss the petition. Petitioner is advised that the
statute of limitations for filing a habeas petition in federal court will not be tolled if he is not
exhausting his remedies in state court. If he attempts to refile his petition after the statute
of limitations has run, I will have to dismiss the petition as untimely.

ORDER
IT IS ORDERED that Ouati Ali’s petition for a writ of habeas corpus under 28
U.S.C. § 2254 is DISMISSED WITHOUT PREJUDICE so that he may exhaust his state
court remedies.
Entered this 9th day of October, 2013.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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