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Edwards v. Banks

United States District Court, S.D. Mississippi, Southern Division

August 2, 2018

JONATHAN EDWARDS PETITIONER
v.
JACQUELYN BANKS RESPONDENT

          REPORT AND RECOMMENDATION

          Michael T. Parker United States Magistrate Judge

         BEFORE THE COURT is the pro se petition [1] 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.

         PROCEDURAL HISTORY

         Petitioner 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. ([1] at 3; [11] at 4.)

         On December 19, 2017, proceeding in forma pauperis (IFP), he filed the instant habeas petition. ([1] 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. ([1] at 5-10.)

         The Respondent filed a motion to dismiss [11] on March 23, 2018, arguing that the petition should be dismissed because Petitioner did not first exhaust available state remedies. Motion [11] at 2. Petitioner did not respond to the motion.

         ANALYSIS

         Pursuant 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 ...

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