Opinion
Case No. 1:14 CV 1495
07-10-2014
James A. Haney, Jr., Petitioner, v. Christopher LaRose, Respondent.
MEMORANDUM OPINION
AND ORDER
JUDGE JACK ZOUHARY
On July 8, 2014, pro se Petitioner James Haney, a prisoner in state custody, filed a habeas corpus Petition under 28 U.S.C. § 2254 (Doc. 1). He challenges his convictions for fraud and aggravated theft in the Lake County Court of Common Pleas.
A federal court may entertain a habeas petition filed by a person in state custody only on the ground the custody violates the Constitution, laws, or treaties of the United States. 28 U.S.C. § 2254(a). A petitioner must exhaust all available state remedies. 28 U.S.C. § 2254(b).
The Petition reflects that Petitioner has an appeal pending in the Ohio Supreme Court, in which he seeks to raise the same grounds set forth in this case. State v. Haney, Ohio Sup. Ct. No. 2014-0900. Thus, the Petition is premature because Petitioner has not yet exhausted state court remedies to preserve such a claim.
Accordingly, the Petition (Doc. 1) is denied, and this action is dismissed without prejudice under Rule 4 of the Rules Governing Section 2254 Cases. This 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. Federal Appellate Rule 22(b); 28 U.S.C. § 2253.
IT IS SO ORDERED.
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JACK ZOUHARY
U. S. DISTRICT JUDGE