Magliari v. White
| Samuel A. Magliari, Jr. |
| Gary White |
| 3:2024cv01333 |
| August 19, 2024 |
| U.S. District Court for the District of Connecticut |
| Victor A Bolden |
| Robert M Spector |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| Plaintiff |
Docket Report
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Filing 9
ORDER DISMISSING CASE AND DENYING MOTION FOR IMMEDIATE INJUNCTION AS MOOT.As stated in the Court's Order to Show Cause, ECF No. #6 , in order for Mr. Magliari to properly file a petition for writ of habeas corpus in federal court, Mr. Magliari must properly exhaust his state court remedies. O'Sullivan v. Boerckel, 526 U.S. 838, 842 (1999); 28 U.S.C. 2254(b)(1); see also Shinn v. Ramirez, 562 U.S. 366, 371 (2022) ("A federal habeas court generally may consider a state prisoner's federal claim only if he has first presented that claim to the state court in accordance with state procedures.").This exhaustion, however, does not mean just raising the claim in state court, but rather the habeas petitioner must "apprise the highest state court of both the factual and the legal premises of the federal claims ultimately asserted in the habeas petition." Galdamez v. Keane, 394 F.3d 68, 73 (2d Cir. 2005).Despite given the opportunity to show cause to the Court that Mr. Magliari had properly exhausted his state court remedies and that this petition was thus properly in front of this Court, ECF No. #6 , Mr. Magliari has not done so.In his response to the order to show cause, ECF No. #7 , Mr. Magliari only provides the denied motion for a mistrial of his underlying claim in Connecticut Superior Court. See ECF No. #7 at 6-9. But the Connecticut Superior Court is not the highest state court in Connecticut, the Connecticut Supreme Court is. And without providing for the record evidence that any of the state charges against him have been addressed by the highest state court in Connecticut, Mr. Magliari has not shown cause that his petition is properly filed in this Court. See Grey v. Hoke, 933 F.2d 117, 119 (2d Cir. 1991) ("a petitioner must present his federal constitutional claims to the highest court of the state before a federal court may consider the merits of the petition").Because Mr. Magliari has not exhausted his state court remedies with regard to any claim asserted in his petition, this case will be dismissed. Mr. Magliari may refile his petition in federal court, only after he has exhausted his state court remedies by pursuing all grounds for relief at each level of the state courts.Accordingly, the petition is DISMISSED and Mr. Magliari's pending motion for immediate injunction is DISMISSED as MOOT without prejudice for refiling following the exhaustion for all state court remedies.The Clerk of Court is respectfully directed to close this case.Signed by Judge Victor A. Bolden on 10/8/2024. (McCowan, D)
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| Filing 8 AFFIDAVIT of Truth filed by Samuel A. Magliari, Jr. (Freberg, B) |
| Filing 7 RESPONSE TO #6 Order to Show Cause filed by Samuel A. Magliari, Jr. (Freberg, B) |
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Filing 6
ORDER TO SHOW CAUSE re: #2 Motion for Permanent Injunction. Show Cause Response due by 9/27/2024. Signed by Judge Victor A. Bolden on 9/6/2024. (McCowan, D)
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| Filing 5 Notice of Option to Consent to Magistrate Judge Jurisdiction.(Freberg, B) |
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Filing 4
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Victor A. Bolden on 8/19/2024.(Freberg, B)
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Filing 3
Standing Protective Order Signed by Judge Victor A. Bolden on 8/19/2024.(Freberg, B)
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| Filing 2 MOTION for Immediate Injunction by Samuel A. Magliari, Jr. Responses due by 9/9/2024. (Fanelle, N.) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Samuel A. Magliari, Jr. (Fanelle, N.) |
| Filing fee received from Samuel A. Magliari, Jr: $ 5.00, receipt number BPT-374075. (Fanelle, N.) |
| Judge Victor A. Bolden and Judge Robert M. Spector added. (Reis, J) |
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| Petitioner: Samuel A. Magliari, Jr. | |
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| Respondent: Gary White | |
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