Free Order Dismissing Petition for Writ of Habeas Corpus - District Court of Delaware - Delaware

Case 1:07-cv—00220-SLR Document 4 Filed 05/08/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ROBERT DWAYNE BROWN, )
Petitioner, E
v. ; Civ. A. No. 07-220-SLR
RAPHAEL WILLIAMS, Warden, and g
JOSEPH R. BIDEN, III, Attorney )
General of the State of )
Delaware, )
Respondents. g
O R D E R
At Wilmington this wgfl day of May, 2007:
IT IS ORDERED that:
l. Petitioner Robert Dwayne Brown’s Motion for Leave to
Proceed In Forma Pauperis is GRANTED. (D.I. l)
2. Petitioner Robert Dwayne Brown's Application For A Writ
Of Habeas Corpus Filed Pursuant To 28 U.S.C. § 2254 is DISMISSED
WITHOUT PREJUDICE for failure to exhaust state remedies. (D.I.
2) A district court judge may summarily dismiss a habeas
petition “if it plainly appears from the face of the petition and
any exhibits annexed to it that the petitioner is not entitled to
relief.” Rule 4, 28 U.S.C. foll. § 2254. A petitioner is not
entitled to federal habeas relief unless he has exhausted state
remedies for his habeas claims. 28 U.S.C. § 2254(b)(l)(A). In
his Application and attached exhibits, Petitioner indicates that
his motion for post—conviction relief pursuant to Delaware

Case 1:07-cv—00220-SLR Document 4 Filed 05/08/2007 Page 2 of 2
Superior Court Rule 61 is still pending before the Delaware
Superior Court. Accordingly, it plainly appears that Petitioner
is not entitled to federal habeas relief because he has not yet
exhausted state remedies.l
3. The Court declines to issue a certificate of
appealability. See 28 U.S.C. § 2253(c)(2); United States v.
Qyer, 113 F.3d 470 (3d Cir. 1997); 3rd Cir. Local Appellate Rule
22.2 (2000).
4. The Clerk of the Court is directed close the case and to
mail a copy of this Order to Petitioner.

1Petitions filed pursuant to 28 U.S.C. § 2254 must be filed
within a one—year limitations period. Acting pro se, Petitioner
is responsible for determining the events that trigger and toll
the limitations period, as well as the time remaining in the
limitations period once it starts again after such tolling.
2