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


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Date: May 13, 2008
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Case 1 :08-cv-00168-GIVIS Document 3 Filed 05/13/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MELVIN L. WILLIAMS, )
Petitioner, g
v. 3 Civ. A. No. 08--168-GMS
STATE OF DELAWARE, and g
ATTORNEY GENERAL OF THE )
STATE OF DELAWARE, )
Respondents. l
0 R D E R
. rl il Z
At Wilmington this [L day of , 2008;
IT IS ORDERED that:
1. Petitioner Melvin L. Williams’ petition 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. l) 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
petition, Williams indicates that his motion for post-conviction relief pursuant to Delaware
Superior Court Rule 61 is still pending before the Delaware Superior Court. Accordingly, it
plainly appears that Williams is not entitled to federal habeas relief because he has not yet
exhausted state remedies}
lPetitions filed pursuant to 28 U.S.C. § 2254 must be filed within a one-year limitations
period. Williams is responsible for determining the events that trigger and toll the limitations

Case 1:08-cv—00168-G|\/IS Document 3 Filed 05/13/2008 Page 2 of 2
2. The court declines to issue a certificate of appealability. See 28 U.S.C. § 2253(c)(2);
United States v. Eyer, 113 F.3d 470 (3d Cir. 1997); 3rd Cir. Local Appellate Rule 22.2.
3. The clerk of the court is directed close the case.
UNI §éD STQTES DIE RICT
i F] L E; Q
{ MAY 1 3 2003
us. msrmct couar
L DESTRIQLQF DELAWARE
period, as well as the time remaining in the limitations period once it starts again after such
tolling.
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