United States District Court, S.D. Mississippi, Southern Division
REPORT AND RECOMMENDATION
Michael T. Parker United States Magistrate Judge
THE COURT is the pro se petition  of Jonathan
Edwards for writ of habeus corpus pursuant to 28
U.S.C § 2254. After carefully considering the
submissions of the parties, the record, and the applicable
law, the undersigned recommends that the petition be
dismissed without prejudice.
Jonathan Edwards is a post-conviction inmate currently in the
custody of the Mississippi Department of Corrections. ([11-3]
at 1.) On January 18, 2017, Petitioner pleaded guilty to
burglary of a dwelling in the Circuit Court of Marion County,
Mississippi. ([11-1] at 1.) He was sentenced as a habitual
offender pursuant to Mississippi Code § 99-19-81. ([8-1]
at 1.) Thereafter, on September 8, 2017, Petitioner filed a
“Motion for Post-Conviction Collateral Relief” in
the Circuit Court of Marion County where he challenged his
plea and sentence. ([11-5] at 1.) According to both
Petitioner and Respondent, Petitioner's post-conviction
relief is currently pending before that circuit court. (
at 3;  at 4.)
December 19, 2017, proceeding in forma pauperis
(IFP), he filed the instant habeas petition. ( at 1.)
Petitioner seeks a writ of habeas corpus on the following
grounds (as stated by Petitioner):
Ground One : Petitioner's plea bargain
was not knowingly and voluntarily entered.
Ground Two: Petitioner alleges that false
information was submitted by investigators.
Ground Three: Petitioner claims he was
illegally charged as a habitual offender pursuant to
Mississippi Code § 99-19-81.
Ground Four: Petitioner claims ineffective
assistance of counsel. ( at 5-10.)
Respondent filed a motion to dismiss  on March 23, 2018,
arguing that the petition should be dismissed because
Petitioner did not first exhaust available state remedies.
Motion  at 2. Petitioner did not respond to the motion.
to 28 U.S.C. § 2254, as amended by the Antiterrorism and
Effective Death Penalty Act of 1996 (AEDPA), a state prisoner
who seeks habeas relief must first exhaust state remedies.
Section 2254, in part, provides:
(b)(1) An application for a writ of habeas corpus on behalf
of a person in custody pursuant to the judgment of a State
court shall not be granted unless it appears that-(A) the
applicant has exhausted the state remedies available in the
courts of the States; or
(B)(i) there is an absence of available State corrective
process; or (ii) circumstances exist that render such process
ineffective to ...