Kevin L. Ballard v. Johnson County District Court

Summary

The United States District Court for the District of Nebraska dismissed Kevin L. Ballard’s 28 U.S.C. § 2254 habeas petition without prejudice. The court held that Ballard named the wrong respondent and had not exhausted available state-court remedies. The court also denied a certificate of appealability.

Holdings

1. A § 2254 petition is subject to dismissal when the petitioner names a respondent that was not involved in the state proceedings and is not the petitioner's custodian.
2. A state prisoner must fairly present each federal constitutional claim to the state courts through one complete round of the State's established appellate review process before seeking federal habeas relief, absent a statutory exception.
3. A certificate of appealability should not issue because Ballard failed to make the showing required to appeal the procedural dismissal of his § 2254 petition.

Questions Presented

1. Whether the § 2254 petition could proceed when Ballard named the Johnson County District Court rather than the state official or entity responsible for his custody.
2. Whether the federal habeas petition was subject to dismissal because Ballard had not exhausted available state-court remedies.
3. Whether Ballard was entitled to a certificate of appealability from the procedural dismissal.

Disposition

dismissed