ONeil v. State of Colorado ( 2019 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 AIMEE LYNN O’NEIL, Case No.: 2:19-cv-01962-JAD-VCF 4 Petitioner 5 v. OrderDismissing Petition and Closing Case 6 STATE OF COLORADO,et al., 7 Respondents 8 9 Aimee Lynn O’Neil has submitteda28 U.S.C. § 2254 habeas corpus petition.1 O’Neil is 10 incarcerated in Colorado under a Colorado judgment of conviction.2 While she mentions that 11 she was extradited from Las Vegas, she appears to mainly challengethe legality of the way the 12 Colorado Department of Corrections has structured her sentence. However, an action under 13 § 2254may be filed in either the district court for either (1) the district in which the petitioner is 14 heldor (2) the district in whichthe state court that convicted and sentenced heris located.3 As a 15 result, O’Neil must file her petition in federal district court in Colorado. 16 The court also notes that it appears that O’Neil’s appeal of her conviction is pending 17 before the Colorado Court of Appeals, thus her federal claims may also be unexhausted.4 A 18 federal court will not grant a state prisoner’s petition for habeas relief until the prisoner has 19 exhausted heravailable state remedies for all claims raised.5 20 21 1 ECF No. 1. 2 Seeid. 22 3 28 U.S.C. §2241(d). 23 4 ECF No. 1at 2. 5 Rose v. Lundy, 455 U.S. 509 (1982); 28 U.S.C. § 2254(b). 1 IT IS THEREFORE ORDERED that this petition is DISMISSED without prejudice. 2 IT IS FURTHER ORDERED that a certificate of appealability is DENIED. 3 The Clerk of Court is directed to ENTER JUDGMENT accordingly and CLOSE THIS CASE. 5 Dated: December 9, 2019 U.S. District (ud J énnifer } . Dorsey 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23