Stimpson v. Erfe et al
| Merle E. Stimpson |
| Scott Erfe and Scott S. Semple |
| 3:2017cv00445 |
| March 17, 2017 |
| US District Court for the District of Connecticut |
| New Haven Office |
| New Haven |
| Jeffrey A. Meyer |
| General |
| 28 U.S.C. ยง 2241 |
| None |
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Filing
7
RULING DISMISSING PETITION FOR WRIT OF HABEAS CORPUS. For the reasons set forth in the attached ruling, the petition for habeas corpus (Doc. # 1 ) is DISMISSED for failure to exhaust state court remedies and without prejudice to timely re-filing at a later time after exhaustion of state court remedies. Because Stimpson has not made a substantial showing of the denial of a constitutional right, see 28 U.S.C. § 2253(c)(2), no certificate of appealability shall enter. The Clerk is directed to enter judgment in favor of the respondents and to close this case. If Stimpson has any further information or other grounds to believe that his petition should not be dismissed at this time for failure to exhaust his remedies in the state cou rt, then he may move to reopen this case within 21 days of this order by April 20, 2017 and provide the Court with the additional information bearing on the exhaustion requirement. See Pena v. Ellis, 2007 WL 4565032, at *3 (E.D.N .Y. 2007) (dismissing habeas corpus petition sua sponte for failure to exhaust but with leave for petitioner to file motion to reopen). In the event that Stimpson fully exhausts his claims in the state courts and wishes to re-file a petition f or federal habeas corpus, he should be prepared to show that his petition has been timely filed within one year of his state court convictions becoming final (28 U.S.C. § 2244(d)(1)) and, if not, why the statute of limitations should be equitably tolled in his favor. See Walker v. Connecticut Superior Court, 2015 WL 3970886, at *3 (D. Conn. 2015). It is so ordered. Signed by Judge Jeffrey A. Meyer on 3/30/2017. (Gruber, Sarah)
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