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Royal v. Ohio

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO
Mar 22, 2012
CASE NO. 3:12 CV 123 (N.D. Ohio Mar. 22, 2012)

Opinion

CASE NO. 3:12 CV 123

03-22-2012

STACEY Y. ROYAL, Petitioner, v. STATE OF OHIO, et al., Respondents


JUDGE DAN AARON POLSTER


MEMORANDUM OF OPINION

AND ORDER

On January 19, 2012, petitioner pro se Stacey Y. Royal filed the above-captioned petition for writ of habeas corpus under 28 U.S.C. § 2254. Royal challenges her October 2010 convictions in the Wood County Court of Common Pleas for telecommunications fraud, insurance fraud, theft, and engaging in a pattern of corrupt activity. 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 she 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).

It is evident on the face of the petition that Royal has yet to exhaust her direct appeals in the Ohio Courts. (ECF #1, p.2). Thus, without regard to the potential merits of the grounds sought to be raised herein, the petition is premature.

Accordingly, this action is dismissed without prejudice 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. Fed.R.App.P. 22(b); 28 U.S.C. § 2253.

IT IS SO ORDERED.

______________________

DAN AARON POLSTER

UNITED STATES DISTRICT JUDGE


Summaries of

Royal v. Ohio

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO
Mar 22, 2012
CASE NO. 3:12 CV 123 (N.D. Ohio Mar. 22, 2012)
Case details for

Royal v. Ohio

Case Details

Full title:STACEY Y. ROYAL, Petitioner, v. STATE OF OHIO, et al., Respondents

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO

Date published: Mar 22, 2012

Citations

CASE NO. 3:12 CV 123 (N.D. Ohio Mar. 22, 2012)

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