Summary
The United States District Court for the District of South Dakota adopts a magistrate judge’s recommendation and dismisses Jaton Syntel Roberts’s 28 U.S.C. § 2254 habeas petition without prejudice. The court concludes that Roberts failed to exhaust available South Dakota state-court remedies for his ineffective-assistance and due-process claims. The court also finds that Roberts did not establish cause, prejudice, or a fundamental miscarriage of justice excusing the exhaustion requirement.
Holdings
- A state prisoner may not obtain federal habeas relief until he has exhausted available state remedies by giving the state courts a full opportunity to resolve his constitutional claims through one complete round of the state's established appellate review process. Roberts had not satisfied that requirement.
- Roberts did not demonstrate cause and prejudice or a fundamental miscarriage of justice sufficient to excuse his failure to exhaust state remedies.
- After de novo review of the portions to which Roberts objected, the district court could adopt the magistrate judge's recommendation, overrule the objection, and dismiss the petition without prejudice.
Questions Presented
- Whether Roberts exhausted available South Dakota state remedies before seeking federal habeas relief under 28 U.S.C. § 2254.
- Whether Roberts established cause, prejudice, or a fundamental miscarriage of justice sufficient to excuse the exhaustion requirement.
- Whether the magistrate judge's Report and Recommendation should be adopted after de novo review of Roberts's objection.
Disposition
dismissed
Cases Cited (9)
- O’Sullivan v. Boerckel, 526 U.S. 838, 845 (1999)(followed)
- Rose v. Lundy, 455 U.S. 509, 518 (1982)(followed)
- Ashker v. Leapley, 5 F.3d 1178, 1179 (8th Cir. 1993)(followed)
- Carmichael v. White, 163 F.3d 1044, 1045-46 (8th Cir. 1998)(followed)
- Murray v. Carrier, 477 U.S. 478, 491 (1986)(followed)
- Engle v. Isaac, 456 U.S. 107, 135 (1982)(followed)
- United States v. Murrillo-Figueroa, 862 F. Supp. 2d 863, 866 (N.D. Iowa 2012)(followed)
- Thomas v. Arn, 474 U.S. 140, 150 (1985)(followed)
- Carter v. South Dakota, No. 4:23-CV-04037, 2023 WL 7530775, at *2 (D.S.D. Nov. 13, 2023)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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