Opinion
No. 4:13CV1938 SPM
2013-10-08
REGINALD V. TAYLOR, Petitioner, v. JENNIFER SACHSE, Respondent.
MEMORANDUM AND ORDER
This matter is before the Court on petitioner's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges a 2012 conviction for domestic assault. Petitioner filed a motion for postconviction relief under Missouri Court Rule 24.035, and that motion is currently pending in the Circuit Court for St. Louis County. Taylor v. Missouri, No. 13SL-CC00427 (21st Judicial Cir.).
Before federal habeas relief can be granted, a person in state custody is required to exhaust available state remedies. 28 U.S.C. § 2254(b)(1). In this case, petitioner has failed to exhaust his available remedies because his postconviction-relief motion is currently before the state court. As a result, the Court will order petitioner to show cause why this case should not be summarily dismissed.
Accordingly,
IT IS HEREBY ORDERED that, no later than twenty-one days from the date of this Order, petitioner shall show cause why this action should not be summarily dismissed.
IT IS HEREBY ORDERED that if petitioner fails to respond to this Order, the Court will dismiss this action without prejudice.
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SHIRLEY PADMORE MENSAH
UNITED STATES MAGISTRATE JUDGE