Allen v. Youngstown Municipal Court et al, No. 4:2009cv02194 - Document 7 (N.D. Ohio 2009)

Court Description: Memorandum Opinion and Order granting petitioner's motion to proceed informa pauperis. Further, this action is dismissed without prejudice. An appeal from this decision could not be taken in good faith and there is no basis upon which to issue a certificate of appealability. Judge John R. Adams on 11/16/09. (K,C)

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Allen v. Youngstown Municipal Court et al Doc. 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO KEITH ALLEN, Petitioner, v. YOUNGSTOWN MUNICIPAL COURT, et al., Respondents. ) ) ) ) ) ) ) ) ) CASE NO. 4:09 CV 2194 JUDGE JOHN R. ADAMS MEMORANDUM OF OPINION AND ORDER On September 22, 2009, petitioner pro se Keith Allen filed the above-captioned petition for writ of habeas corpus under 28 U.S.C. § 2254. Allen, who is incarcerated at the Mahoning County Jail, seeks to challenge the computation of his sentence imposed by the Youngstown Municipal Court. 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). Without regard to the potential merits of the issue Allen seeks to raise, there is no suggestion on the petition that he has yet to raise and exhaust his claim in the Ohio courts. The petition is thus premature. Accordingly, the request to proceed in forma pauperis is granted and 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 Dockets.Justia.com 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. DATE: November 16, 2009 /s/ John R. Adams JOHN R. ADAMS UNITED STATES DISTRICT JUDGE 2

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