Ahmadi v. Stephens, No. 4:2014cv00139 - Document 3 (S.D. Tex. 2014)
Court Description: MEMORANDUM OPINION AND ORDER dismissing without prejudice 1 Petition for Writ of Habeas Corpus. Should the petitioner file a notice of appeal, a certificate of appealability is denied. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION BOB AHMADI, TDCJ NO. 624218, § § § § § § § § § § Petitioner, v. WILLIAM STEPHENS, Respondent. CIVIL ACTION NO. H-14-0139 MEMORANDUM OPINION AND ORDER Bob Ahmadi, a TDCJ inmate, has filed a Petition for a Writ of Habeas Corpus By a Person in State Custody under 28 U.S.C. challenging April 2, a 2013 parole revocation (Docket Entry No. proceeding I, p. 5). that § 2254 occurred Ahmadi states in his petition that he has not filed any petitions, applications, motions in any state court challenging his parole revocation. Under 28 U.S.C. § relief must in exhaust federal or Id. 2254, a habeas petitioner challenging the validity of his incarceration pursuant to a sentence on available court. 28 state U.S.C. state judgment and remedies § before 2254 (b) Johnson, 127 F.3d 409, 419-420 (5th Cir. 1997). (1); seeking Nobles v. It is imperative that the substance of the claims have been presented to the state's highest court. 1998) . The Whitehead v. Johnson, 157 F.3d 384, 387 (5th Cir. exhaustion requirement is based in part on the principle of comity in which the states have the first opportunity to address and correct alleged violations of a state prisoner's federal rights before consideration by the federal courts. Coleman v. Thompson r 111 S. Ct. 2546 (1991). The exhaustion requirement applies Alexander v. challenging parole revocations. 906 r 908-09 (5th eir. 1998). proceedings r and such habeas petitioners Johnsonr 163 F.3d It is customary for the Texas courts defects about complaints review to to in are complaints parole-revocation presented in state applications for writs of habeas corpus under Article 11.07 of the Texas Code of Criminal Procedure. 1180 r 1186 (W.D. Tex. 1997) r Campos v. Johnsonr 958 F. Supp. citing Ex parte Nelson r 815 S.W.2d 737 (Tex. Crim. App. 1991); Ex parte Canada r 754 S.w.2d 660 (Tex. Crim. App. 1988). The court has examined available state court records and has found no entry indicating that a state application for a writ of habeas revocation. See corpus Texas has been Court filed of Criminal (http://www.cca.courts.state.tx.us/). habeas petition will be dismissed. Accordingly r DISMISSED without it is ORDERED prejudice for challenging Appeals the 2013 website r Therefore r Ahmadirs federal Alexander r 163 F.3d at 908. that this failure of cause the of action be petitioner to exhaust all available remedies on all his claims to the state's highest court of criminal jurisdiction as required by 28 U.S.C. § 2254. -2 - Should the petitioner file a notice of appeal, DENIES the issuance of a certificate of appealability for reasons stated in this Memorandum Opinion and Order. § this court the 28 U.S.C. 2253; Murphy v. Johnson, 110 F.3d 10, 11 (5th Cir. 1997). SIGNED at Houston, Texas, on this 23rd day of January, 2014. 7 SIM LAKE UNITED STATES DISTRICT JUDGE -3-
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