Free Order Dismissing Petition for Writ of Habeas Corpus - District Court of Delaware - Delaware

Case 1:07-cv-00798-JJF D0cument3 Filed O1/08/2008 Page1 0f2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GUANGO F. CORREA, )
Petitioner, ;
v. g Civ. A. No. 07-798-JJF
VINCE BIANCO, Warden, and ;
ATTORNEY GENERAL OF THE STATE )
OF DELAWARE, )
Respondents. g
O R D E R
At Wilmington this _£§;_day of January, 2008;
IT IS ORDERED that:
l. Petitioner Guango F. Correa's Application For A Writ Of
Habeas Corpus Filed Pursuant To 28 U.S.C. § 2254 is DISMISSED
WITHOUT PREJUDICE for failure to exhaust state remedies. (D.I.
I.) A district court judge may summarily dismiss a habeas
petition “if it plainly appears from the face of the petition and
any exhibits annexed to it that the petitioner is not entitled to
relief.” Rule 4, 28 U.S.C. foll. § 2254. A petitioner is not
entitled to federal habeas relief unless he has exhausted state
remedies for his habeas claims. 28 U.S.C. § 2254(b)(l)(A). In
his Application, Petitioner indicates that his appeal of the
Superior Court’s denial of a motion for post—conviction relief is
still pending before the Delaware Supreme Court. Accordingly, it
plainly appears that Petitioner is not entitled to federal habeas

Case1:O7—cv-00798-JJF D0cument3 Filed O1/08/2008 Page20f2
relief because he has not yet exhausted state remedies.1
3. The Court declines to issue a certificate of
appealability. See 28 U.S.C. § 2253(c)(2); United States v.
Eyer, ll3 F.3d 470 (3d Cir. l997); 3rd Cir. Local Appellate Rule
22.2 (2000).
4. The Clerk of the Court is directed close the case and to
mail a copy of this Order to Petitioner.
i .ri‘aMA
TED S ES DISTR T JUDGE
lPetitions filed pursuant to 28 U.S.C. § 2254 must be filed
within a one—year limitations period. Acting pro se, Petitioner
is responsible for determining the events that trigger and toll
the limitations period, as well as the time remaining in the
limitations period once it starts again after such tolling.
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