Ralph Clyde Body

“It does not agree that improper venue should lead to dismissal.”

“Hence we must dismiss without prejudice for failure to exhaust available state remedies.”

“Accordingly, the motion will be denied.”

“A condition precedent to this Court’s authority to grant habeas corpus relief herein is the requirement that relator be ‘in custody’ within the meaning of 28 U.S.C. § 2241. Notwithstanding the expanding scope of that concept, it is clear that relator cannot bring himself within its present purview.”

“Accordingly, we will dismiss relator’s petition for failure to exhaust state remedies as required as a matter of comity by 28 U.S.C. § 2254.”

“His application to proceed in forma pauperis must be denied.”

“it is ordered that the motion of John Crawley for reinstatement of appeal time is denied.”

“we feel we must dismiss relator’s petition due to his failure to exhaust his state remedies.”

“To the extent that we may have power to consider this petition, we note that relator has failed to exhaust his state remedies, as required as a matter of comity: Ex parte Royall, 117 U.S. 241, 6 S.Ct. 734, 29 L.Ed. 868 (1886).”

“Since the damages alleged are limited to mental suffering, the defendant’s motion for judgment on the pleadings must be granted.”

“For these reasons, plaintiff’s motion for judgment by default will be denied.”

“will be granted leave to answer forthwith”

“plaintiff’s motion for summary judgment will be denied as premature, with leave to renew after an answer has been filed.”

“For the foregoing reasons, defendant’s motion for summary judgment will be granted.”