United States District Court, W.D. Louisiana, Shreveport Division
RAY GRIFFIN D.O.C. #85249
MAURICE HICKS, JR., JUDGE
the court is the application for writ of habeas
corpus filed pursuant to 28 U.S.C. § 2254 by
petitioner Ray Griffin (“Griffin”). Griffin is an
inmate in the custody of Louisiana's Department of Public
Safety and Corrections and is incarcerated at David Wade
Correctional Center (“DWCC”) in Homer, Louisiana.
matter has been referred to the undersigned for review,
report, and recommendation in accordance with the provisions
of 28 U.S.C. § 636 and the standing orders of the court.
pleaded guilty to armed robbery. Doc. 1, p. 1. On July 30,
2001, he was sentenced in the Twenty-Sixth Judicial District
Court (“26th JDC”) in Bossier Parish
to 40 years imprisonment. Id. He claims that his
appeal to the Second Circuit Court of Appeal, wherein he
argued excessive sentence, was denied. Id. at 2.
Griffin states that the appeal was docketed as 04-KH-39511.
Id. He alleges that he did not seek further review
by a higher state court. Id. However, the published
jurisprudence shows that the Louisiana Supreme Court denied
writs on November 29, 2005. See State ex rel. Griffin v.
State, 2004-KH-3209, 916 So.2d 155 (La. 2005); Parish of
Bossier, 26th JDC Div. D, No. 100, 330; to the
Court of Appeal, Second Circuit, No. 39511-KH.
states that his next filing was a writ of habeas
corpus filed in the Louisiana Supreme Court on June 29,
2016. Doc. 1, p. 3. Therein, he claims that he argued that
the state lacked standing and subject matter jurisdiction.
Id. Published jurisprudence shows that the Louisiana
Supreme Court ruled on Griffin's writ application on
November 7, 2016, stating “WRIT NOT CONSIDERED.
Petitioner has not demonstrated that he sought review in the
court(s) below before filing in this Court nor shown the
‘extraordinary circumstances' that would justify
bypassing that level of review. La. S.Ct. Rule X §
5(b).” State ex rel. Griffin v. State,
2016-KH-1230, 2016 WL 6777423 (La. 2016); Parish of Bossier,
26th JDC Div. F, No. 55, 362.
signed the instant writ of habeas corpus on October
26, 2016, and same was received and filed with this court on
October 28, 2016. Doc. 1, p. 14. Herein, he asserts that the
State of Louisiana lacked subject matter jurisdiction and
standing, apparently based on his claim of newly discovered
evidence. Id. at 5. As relief, he seeks release from
custody, and to have his underlying conviction dismissed,
quashed, set-aside, and expunged. Id. at 14.
reaching the merits of a habeas claim, a preliminary
review of the pleadings and exhibits is conducted in order to
determine whether the petitioner has exhausted all available
state remedies prior to filing his petition in federal court;
whether the petition is time-barred by the provisions of 28
U.S.C. § 2244(d)(1); and, whether any of the claims
raised are subject to the procedural default doctrine.
application for a writ of habeas corpus “shall
not be granted unless … the applicant has exhausted
the remedies available in the courts of the State.” 28
U.S.C. § 2254(b)(1)(A). The exhaustion doctrine requires
a petitioner to present all federal claims to the state court
before requesting federal habeas relief.
Whitehead v. Johnson, 17 F.3d 384, 387 (5th Cir.
1998). State prisoners must afford “the state courts
one full opportunity to resolve any constitutional issues by
invoking one complete round of the State's established
appellate review process.” O'Sullivan v.
Boerckel, 526 U.S. 838, 845 (1999). The federal claims
should be presented to state courts “in a procedurally
proper manner according to the rules of the state
courts.” Dupuy v. Butler, 837 F.2d 699, 702
(5th Cir. 1988).
procedural default doctrine bars federal habeas
corpus review when a state court declines to address a
petitioner's federal claims because the petitioner has
failed to follow or has been defaulted by a state ...