UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

) TIMMY HEM, ) ) Petitioner, ) ) v. ) Civil Action No. ) 23-11767-FDS SUFFOLK COUNTY HOUSE OF ) CORRECTION, ) ) Respondent. ) ) )

ORDER

SAYLOR, C.J.

Timmy Hem, who is confined at the Suffolk County House of Correction, has filed a petition for a writ of habeas corpus under

. Hem states that, on January 9, 2023, he was convicted in the Boston Municipal Court of an unspecified offense (or offenses) and sentenced to a term of incarceration of eighteen months and two months of probation. He represents that his state court appeal is pending. He is proceeding pro se. A federal court cannot grant habeas relief for a state prisoner unless the petitioner has already exhausted available state remedies. See

(b(1)(A) (providing that habeas relief “shall not be granted unless it appears that the applicant has exhausted the remedies available in the courts of the State.”

(b)(1)(A). “This exhaustion requirement, which codified preexisting law, is born of the principle ‘that as a matter of comity, federal courts should not consider a claim in a habeas corpus petition until after the state courts have had an opportunity to act.’” Coningford v. Rhode Island,

(1st Cir. 2011) (quoting Rose v. Lundy,

(1982)). In cases arising from Massachusetts courts, exhaustion requires presentation of the claim in question to the Supreme Judicial Court. See Janosky v. St. Amand,

(1st Cir. 2010). Here, it is clear Hem has not exhausted his available state remedies. Accordingly, the petition for a writ of habeas corpus is DENIED and this action is DISMISSED.

So Ordered. /s/ F. Dennis Saylor IV F. Dennis Saylor IV Chief Judge, United States District Court Dated: August 9, 2023