Johnson v. Foster, No. 13-2008 (7th Cir. 2015)
Annotate this CaseJohnson was convicted of state gun crimes arising out of a shootout. He sought state post-conviction relief. The court denied his motion; the court of appeals affirmed. Johnson had 30 days to seek review by the Wisconsin Supreme Court. He applied for a loan to help cover the cost of the paper, photocopying, and postage. Wisconsin law permits inmates to borrow $100 annually for that purpose. The prison business office denied the request. Johnson contends that he met eligibility requirements. Johnson sought federal habeas relief, arguing that the wrongful denial of his loan request should excuse his failure to petition the state supreme court for review. The district court and Seventh Circuit rejected the argument. Johnson did not establish that the denial of his application was an objective, external impediment to his ability to comply with procedural rules or that it actually prevented him from petitioning for review. Johnson argued that the business office misinterpreted or misapplied prison policies. No state court has ruled on that question. For a federal habeas court to excuse a procedural default based on its own interpretation of a state prison policy, without guidance from the state courts, would be contrary to principles of federalism and comity that constrain federal habeas review.
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