United States District Court, W.D. Louisiana, Alexandria Division
H.L. PEREZ-MONTES, UNITED STATES MAGISTRATE JUDGE
the Court is a Petition for Writ of Habeas Corpus under 28
U.S.C. § 2254 filed by pro se Petitioner
Deontay Deshun Hardy. (Doc. 1). Hardy is an inmate at the
Natchitoches Parish Detention Center. Hardy claims that his
probation was wrongfully revoked.
it is not clear whether Hardy has exhausted state court
remedies, he must AMEND his Petition (Doc. 1).
was convicted of attempted armed robbery on September 3, 2015
and sentenced to 10 years at hard labor. (Doc. 1-2, p. 5).
The sentence was suspended, and Hardy was placed on probation
for a term of five years. (Doc. 1-2, p. 5).
3, 2016, Hardy was arrested for armed robbery and resisting
an officer. (Doc. 1-2, p. 5). (Docs. 1, 5). Because of the
new arrest, Hardy's probation was revoked by the district
judge at a hearing on August 23, 2016. (Doc. 1-2, p. 15).
Hardy was ordered to serve the original 10-year sentence with
credit for time served. Hardy filed a motion for
reconsideration of sentence, which was denied on August 29,
2016. (Doc. 1, p. 3).
filed a writ application in the Louisiana Third Circuit Court
of Appeal on an unspecified date, which was denied on
February 22, 2019. (Doc. 1, p. 2). His application for
rehearing was denied on April 10, 2019. State v.
Hardy, 2018-00804 (La.App. 3 Cir. 4/10/19). The
Louisiana Supreme Court denied Hardy's writ application
under Rule X because it was untimely filed. State v.
Hardy, 2019-00835 (La. 10/21/19).
alleges that he filed a petition for writ of habeas corpus in
the 10th Judicial District Court on July 10, 2017, which was
denied on June 26, 2018. (Doc. I, p. 4). Hardy does not state
whether he sought review of that denial.
alleges that he filed another habeas petition, which was
denied on August 23, 2019. (Doc. 1, pp. 4-5). Again, Hardy
does not indicate whether he sought review of the denial in
the Third Circuit Court of Appeal or the Louisiana Supreme
Law and Analysis
prisoner must exhaust available state court remedies as to
each and every ground upon which he claims entitlement to
habeas corpus relief prior to filing his habeas petition
pursuant to either 28 U.S.C. § 2241 or § 2254(b).
Dickerson v. Louisiana, 816 F.2d 220, 225 (5th Cir.
1987), cert. denied, 484 U.S. 956 (1987); Rose
v. Lundy, 455 U.S. 509 (1982). Generally, the exhaustion
requirement is satisfied only when the grounds urged in a
federal petition were previously presented to the state's
highest court in a procedurally proper manner. Dupuy v.
Butler, 837 F.2d 699, 702 (5th Cir. 1988). A total
exhaustion rule promotes comity and such a rule does not
unreasonably impair a prisoner's right to relief.
Rose, 455 U.S. at 523.
must amend his Petition to show that he completely exhausted
each claim in the Louisiana courts.
alleges that his probation was revoked on June 15, 2016, and
that he sought writs in the Third Circuit Court of Appeal.
Hardy must amend his Petition to state the date on which he
filed the writ application in the Third Circuit in Case No:
18-KH-00804, and what claims he raised in the application.
Hardy should also ...