Parker v. Myers
Parker v. Myers
Opinion of the Court
ORDER
Matthew Parker appeals a district court judgment that dismissed his petition for a writ of habeas corpus filed under 28 U.S.C. § 2254. This case has been referred to a panel of the court pursuant to Rule 34(j)(l), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a).
Upon de novo review, see Clemmons v. Sowders, 34 F.3d 352, 354 (6th Cir. 1994); Carter v. Sowders, 5 F.3d 975, 978 (6th Cir. 1993), we will affirm the judgment because Parker did not present his claim in the Tennessee courts. See O’Sullivan v. Boerckel, 526 U.S. 838, 842-45, 119 S.Ct. 1728, 144 L.Ed.2d 1 (1999). The doctrine of exhaustion of state court remedies “is designed to give the state courts a full and fair opportunity to resolve federal constitutional claims before those claims are presented to the federal courts.” Id. at 845. Pursuant to the exhaustion doctrine, federal courts lack jurisdiction over a claim in a habeas petition that was not “fairly presented” to the state courts. Jacobs v. Mohr, 265 F.3d 407, 415 (6th Cir. 2001). In such cases, federal habeas corpus review is foreclosed absent a showing of cause and prejudice or a fundamental miscarriage of justice. Coleman v. Thompson, 501 U.S. 722, 750, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991); Murray v. Carrier, 477 U.S. 478, 495-96, 106 S.Ct. 2639, 91 L.Ed.2d 397 (1986). Here, Parker did not fairly present his claim in the state courts, and cannot show cause and prejudice to excuse his failure to do so or that a fundamental miscarriage of justice will result.
As noted, Parker filed a state habeas corpus petition in the state trial court after the court entered its corrected judgment in which Parker challenged the corrected sentence. However, Parker subsequently filed a notice to withdraw his petition upon the advice of counsel, and the trial court granted Parker’s motion. Another state postconviction petition is now barred. See Tenn.Code Ann. § 40-30-202. Thus, Parker cannot now return to the state courts to exhaust his claim. Under these circumstances, Parker did not fairly present his claim in the state courts and cannot now do so.
For the foregoing reasons, the district court’s judgment is affirmed. See Rule 34(j)(2)(C), Rules of the Sixth Circuit.
Reference
- Full Case Name
- Matthew PARKER v. Kevin MYERS, Warden
- Status
- Published