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Funches v. Forden

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS PEORIA DIVISION


September 23, 2010

JAMARIOL DONTREA FUNCHES PETITIONER,
v.
STEWART P. FORDEN, KATHERINE GORMAN, KEVIN LYONS, ERIC HARMTANNS, NICK BACH, RONI VAN AUSDELL, AND JOHN MCAVITT, RESPONDENTS.

The opinion of the court was delivered by: Joe Billy McDADE United States Senior District Judge

OPINION & ORDER

Before the Court is Petitioner's Complaint (Doc. 1), which has been construed by this Court as a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254.*fn1

In his Complaint, Petitioner brings claims against seven Defendants*fn2 for violations of his constitutional and civil rights. Petitioner's Complaint seeks immediate release from confinement, a dismissal of his case and the expungement of his record. He also requests $15.5 million for mental and emotional damages arising out of the violations of his Constitutional rights, as well as various other civil remedies.*fn3

To the extent Petitioner is seeking release from confinement, his petition is not yet ripe and therefore must be dismissed. Before a Petitioner can seek federal habeas review, he must "give 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). In this case, Petitioner has clearly not exhausted his state remedies. In fact, in an attachment to his Complaint, Petitioner notes that he has not even been sentenced yet as his sentencing date is October 14, 2010. (Doc. 1 Ex. 1 at 4). Before seeking relief in this Court, Petitioner should appeal his state conviction directly to the Illinois appellate courts, to give those courts a full and fair opportunity to resolve his claims.

To the extent that Petitioner desires civil remedies for the alleged violations of his individual rights, Petitioner should file a § 1983 action in this Court. The Clerk is directed to mail Petitioner a standard form for a § 1983 claim. For the foregoing reasons, the Petition is DISMISSED WITHOUT PREJUDICE.

Entered this 22nd day of September, 2010.


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