Opinion
06-C-661-S.
November 17, 2006
ORDER
Petitioner filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. He paid the filing fee.
Petitioner alleges that his 1996 Minnesota state court conviction is unconstitutional. He does not allege that he has exhausted his state court remedies.
Federal district courts are required by statute, for reasons of comity, to defer to state courts in proceedings for writs of habeas corpus. Accordingly, petitioner's petition for a writ of habeas corpus will be dismissed without prejudice to petitioner's refiling his petition after he has exhausted his state court remedies within the meaning of 28 U.S.C. § 2254.
Petitioner is advised that in any future proceedings in this matter he must offer argument not cumulative of that already provided to undermine this Court's conclusion that his claim must be dismissed without prejudice for his failure to exhaust his state remedies. See Newlin v. Helman, 123 F.3d 429, 433 (7th Cir. 1997).
ORDER
IT IS ORDERED that petitioner's petition for a writ of habeas corpus is DISMISSED without prejudice.
IT IS FURTHER ORDERED that judgment be entered DISMISSING petitioner's petition for a writ of habeas corpus without prejudice.