LaRocco v. Warden
| Michael LaRocco |
| Warden |
| 3:2023cv01602 |
| December 8, 2023 |
| US District Court for the District of Connecticut |
| Jeffrey A Meyer |
| Robert M Spector |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on December 13, 2023. A more recent docket listing may be available from PACER.
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Filing 6
ORDER TO SHOW CAUSE WHY PETITION SHOULD NOT BE DISMISSED. It does not appear from LaRocco's petition that he has made any effort to exhaust his state court remedies (i.e., to file a petition for writ of habeas corpus in any state court of Connecticut or to appeal from any denial of relief by a state court in Connecticut). It is a basic requirement that before a prisoner who is in state custody may seek habeas corpus relief from a federal court the prisoner must first exhaust available remedies in the state court. 28 U.S.C. 2254(b); see O'Sullivan v. Boerckel, 526 U.S. 838, 842 (1999). A state prisoner's claim is not exhausted until it has been presented and ruled on by the highest state court capable of reviewing it. Id. at 845. A federal court may sua sponte raise the failure of a habeas corpus petitioner to exhaust state court remedies. See Gulliver v. Dalsheim, 687 F.2d 655, 657 n.1 (2d Cir. 1982); Young v. McClendon, 2022 WL 2952772, at *5 (D. Conn. 2022). Accordingly, it appears that LaRocco's petition must be dismissed for failure to exhaust state court remedies. See Thomas v. Smeal, 2010 WL 1981569, at *3 (D. Conn. 2010) (dismissing federal habeas corpus petition for failure to exhaust state court remedies); Manns v. Martinez, 2008 WL 5104809, at *2 (D. Conn. 2008) (same). But before the Court dismisses the petition, it will allow LaRocco an opportunity to file a response to explain why the petition should not be dismissed. LaRocco may file any response on or before December 27, 2023. It is so ordered.Signed by Judge Jeffrey A. Meyer on 12/13/2023. (Pincus, K.)
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Filing 5
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Jeffrey A. Meyer on 12/8/2023.(Chartier, A.)
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Filing 4
Standing ORDER on Prisoner Electronic Filing Program Signed by Judge Janet C. Hall on 12/8/2023.(Chartier, A.)
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Filing 3
STANDING PROTECTIVE ORDER Signed by Judge Jeffrey A. Meyer on 12/8/2023.(Chartier, A.)
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Filing 2
ORDER: We received your Petition for Writ of Habeas Corpus which has been assigned case number 3:23-cv-1602. In order to proceed, the filing fee or a Motion for Leave to Proceed In Forma Pauperis must be submitted to the Court by 1/7/2024 or the case will be subject to dismissal. Fee information and the Motion for Leave to Proceed In Forma Pauperis form may be found on the Court's website at ctd.uscourts.gov. Dismissal due by 1/7/2024. Signed by Clerk on 12/8/2023. (Oliver, T.)
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| Filing 1 PETITION for Writ of Habeas Corpus, filed by Michael LaRocco. (Attachments: #1 Exhibit, #2 copy of envelope) (Oliver, T.) |
| Judge Jeffrey A. Meyer and Judge Robert M. Spector added. (Oliver, T.) |
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| Petitioner: Michael LaRocco | |
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| Respondent: Warden | |
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