Opinion
No. 3:02cv0003 AS
May 28, 2002
MEMORANDUM AND ORDER
On January 2, 2002, pro se petitioner, Irvin L. Chapin, Jr., an inmate at the Maximum Control Complex in Westville, Indiana, filed a petition seeking relief under 28 U.S.C. § 2254. The Response filed on behalf of the respondent by the Attorney General of Indiana on April 19, 2002, demonstrates the necessary compliance with Lewis v. Faulkner, 689 F.2d 100 (7th Cir. 1982). The petitioner filed a Traverse on May 24, 2002, which this court has carefully examined.
The petitioner has 1998 convictions for burglary and theft in Anderson, Indiana, which is in Madison County, Indiana. He challenges those convictions under 28 U.S.C. § 2254 and § 2241. The relevant statute here is 28 U.S.C. § 2254. There are state remedies, and this petitioner must comply with them. See Rose v. Lundy, 455 U.S. 509 (1982). See also O'Sullivan v. Boerckel, 526 U.S. 838 (1999), and Castille v. Peoples, 489 U.S. 346 (1989).
This Court cannot gainsay these binding precedents from the Supreme Court of the United States. Therefore, this petition is DENIED WITHOUT PREJUDICE.
IT IS SO ORDERED.