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Tisdale v. Eberlin

United States District Court, N.D. Ohio
Dec 4, 2007
CASE NO. 4:07 CV 2926 (N.D. Ohio Dec. 4, 2007)

Opinion

CASE NO. 4:07 CV 2926.

December 4, 2007


MEMORANDUM OF OPINION AND ORDER


On September 25, 2007, petitioner pro se Khbair Am-Jaid Tisdale filed the above-captioned petition for writ of habeas corpus under 28 U.S.C. § 2254. Mr. Tisdale is incarcerated in an Ohio penal institution, having been convicted of possession of drugs. For the reasons stated below, the petition is denied and this action is dismissed.

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, petitioner must have exhausted all available state remedies. 28 U.S.C. § 2254(b).

The thrust of Mr. Tisdale's action is that he was convicted in violation of Ohio's speedy trial statute. Even assuming he has preserved a federal constitutional issue, however, it is evident on the face of the petition that he has yet to appeal his conviction. Thus, at the very least, he may still pursue a delayed appeal under Ohio Appellate Rule 5.

This court expresses no opinion concerning whether: 1) some or all of petitioner's claims are cognizable; 2) he may be found to have procedurally defaulted on said claims once he exhausts the state remedies available to him; or 3) the statute of limitations for filing a federal habeas action has expired.

Accordingly, pursuant to Rule 4 of the Rules Governing Section 2254 Cases, this action is dismissed without prejudice for failure to exhaust state court remedies. 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, Fed.R.App.P. 22(b); 28 U.S.C. § 2253.

IT IS SO ORDERED.


Summaries of

Tisdale v. Eberlin

United States District Court, N.D. Ohio
Dec 4, 2007
CASE NO. 4:07 CV 2926 (N.D. Ohio Dec. 4, 2007)
Case details for

Tisdale v. Eberlin

Case Details

Full title:KHBAIR AM-JAID TISDALE, Petitioner, v. MICHELE EBERLIN, Respondent

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

Date published: Dec 4, 2007

Citations

CASE NO. 4:07 CV 2926 (N.D. Ohio Dec. 4, 2007)