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Danforth v. Polito

United States District Court, N.D. Ohio
Dec 27, 2007
CASE NO. 1:07 CV 3160 (N.D. Ohio Dec. 27, 2007)

Opinion

CASE NO. 1:07 CV 3160.

December 27, 2007


MEMORANDUM OF OPINION AND ORDER


On October 15, 2007, petitioner pro se Paul Danforth filed the above-captioned habeas corpus action under 28 U.S.C. § 2254. Mr. Danforth seeks to challenge his May 2004 conviction, pursuant to a guilty plea, for felony non-support. As grounds for the petition, he asserts he was denied the right to be heard at a 1989 civil domestic relations hearing, and that there was insufficient evidence to support his 2004 conviction. For the reasons stated below, the petition is denied and this action is dismissed.

A federal district court may entertain a petition for a writ of habeas corpus by a person in state custody only on the ground that the custody violates the Constitution or laws of the United States. Furthermore, the petitioner must have exhausted all available state remedies. 28 U.S.C. § 2254.

Mr. Danforth's assertion concerning the 1989 civil hearing is not cognizable in this habeas action, as it was not part of the criminal proceedings resulting in his conviction. Further, as regards his sufficiency of the evidence ground, a guilty plea represents a break in the chain of events which preceded it in the criminal process, and he may not, therefore, raise issues relating to asserted constitutional violations which occurred prior to the plea. Tollett v. Henderson, 411 U.S. 258 (1973);Burrows v. Engle, 545 F.2d 552 (6th Cir. 1976).

Accordingly, the petition is denied and this action is dismissed 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. 28 U.S.C. § 2253; Fed.R.App.P. 22(b).

IT IS SO ORDERED.


Summaries of

Danforth v. Polito

United States District Court, N.D. Ohio
Dec 27, 2007
CASE NO. 1:07 CV 3160 (N.D. Ohio Dec. 27, 2007)
Case details for

Danforth v. Polito

Case Details

Full title:PAUL DANFORTH, Petitioner, v. POLITO, Chief Probation Officer, Respondent

Court:United States District Court, N.D. Ohio

Date published: Dec 27, 2007

Citations

CASE NO. 1:07 CV 3160 (N.D. Ohio Dec. 27, 2007)