United States District Court, W.D. North Carolina, Charlotte Division
FRANK D. WHITNEY, Chief District Judge.
THIS MATTER is before the Court on an initial review of the petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. See Rule 4 of the Rules Governing Section 2254 Cases. For the reasons that follow, the § 2254 petition will be dismissed.
According to the verified § 2254 petition, the Petitioner pled guilty to one felony count of larceny on or about June 6, 2013 in Gaston County Superior Court and was sentenced to a term of 17 to 21 months' imprisonment. Petitioner did not file an appeal and he is presently confined in the Scotland Correctional Institution
It appears from the § 2254 petition that Petitioner did not file a motion for appropriate relief in an effort to challenge his state conviction. The Antiterrorism and Effective Death Penalty (AEDPA) provides in relevant part as follows:
(1) An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted unless it appears that-
(A) the applicant has exhausted the remedies available in the courts of the State; or
(i) there is an absence of available State corrective process; or
(ii) circumstances exist that render such process ineffective to protect the rights of the applicant.
28 U.S.C. § 2254(b).
There is no indication in this record that Petitioner has ever presented any challenge to his State judgment on direct appeal or through a motion for appropriate relief. Accordingly, the Court will dismiss the § 2254 petition without prejudice to Petitioner's ability to present his claim before the State court in the first instance.
Petitioner is notified that the AEDPA provides that a § 2254 petition must be filed within one year from the date Petitioner's state judgment becomes ...