Opinion

Williams v. Monti

Court
District Court, S.D. Illinois
Filed
Apr 12, 2024
Cited by
0 cases
Authority
More cited than 21.3%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ILLINOIS

EDWARD WILLIAMS, )

)

Petitioner, )

)

vs. ) Case No. 3:24-cv-164-DWD

)

DANIEL MONTI, Warden of Centralia )

Correctional Center, )

)

Respondent. )

MEMORANDUM & ORDER

DUGAN, District Judge:

Petitioner, an inmate at Centralia Correctional Center, filed a Petition for a Writ of

Habeas Corpus (Doc. 1) under 28 U.S.C. § 2254.1 The Petition is now before the Court for

a preliminary review. Rule 4 of the Rules Governing Section 2254 Cases in the U.S. District

Courts provides: “If it plainly appears from the petition and any attached exhibits that

the petitioner is not entitled to relief in the district court, the judge must dismiss the

petition and direct the clerk to notify the petitioner.” Rule 4 of the Rules Governing

Section 2254 Cases in the U.S. District Courts; accord Mayle v. Felix, 545 U.S. 644, 663 (2005).

On July 20, 2018, Petitioner pled guilty to 2 counts of aggravated criminal sexual

abuse of a minor under the age of 13 years old. (Doc. 1, pgs. 1, 25-26). On September 20,

2018, he was sentenced to terms of imprisonment of 29 years and 30 years on counts I and

II, respectively, which are to be served consecutively. (Doc. 1, pgs. 1, 25-26).

1 Petitioner filed a seemingly identical Petition to initiate Case No. 24-cv-165-SPM, which was later

transferred to the undersigned. The Court consolidated the two cases under Federal Rule of Civil Procedure

42(a)(2) on April 10, 2024. (Doc. 10). All filings shall now bear Case No. 24-cv-164-DWD. (Doc. 10).

Petitioner did not directly appeal the judgment of conviction. (Doc. 1, pg. 2).

However, he filed postconviction petitions in the Circuit Court of St. Clair County. (Doc.

1, pgs. 3-6, 41-45). Petitioner filed a pro se postconviction petition and a first amended

postconviction petition on November 20, 2019, and September 24, 2020, respectively,

claiming, among other things, Brady violations and errors rendering Petitioner’s sentence

void. (Doc. 1, pgs. 3-4, 26-27). Petitioner filed a second amended postconviction petition

on November 10, 2020, claiming ineffective assistance of plea counsel in relation to the

aforementioned sentencing errors. (Doc. 1, pgs. 4, 28). Petitioner filed a third amended

postconviction petition on May 17, 2021, again claiming the ineffective assistance of plea

counsel. (Doc. 1, pgs. 5, 29). The third amended postconviction petition also added a claim

of actual innocence based on medical examinations indicating the victim of Petitioner’s

underlying offenses had chlamydia, but Petitioner did not. (Doc. 1, pgs. 5, 29).

The third amended postconviction petition was dismissed on October 1, 2021.

(Doc. 1, pgs. 5, 31). However, the Illinois Appellate Court, Fifth District, reversed that

dismissal, on the basis that “the record rebut[ted] the presumption that postconviction

counsel complied with” Illinois Supreme Court Rule 651(c), and remanded the matter for

new second-stage proceedings with the appointment of new postconviction counsel.

(Doc. 1, pgs. 5, 39). The Illinois Appellate Court, Fifth District, advised that “[i]n

fulfilling Rule 651(c) duties, new postconviction counsel should make any amendments

necessary to adequately assert defendant’s contentions of constitutional error and

remove any claim that lacks legal merit.” (Doc. 1, pg. 39). And, importantly, this record

and the docket in the Circuit Court of St. Clair County indicate the state postconviction

proceedings remain ongoing. See People v. Williams, No. 17-CF-195; (Doc. 5).2

Now, the abstention principles articulated in Younger v. Harris counsel that, absent

extraordinary circumstances, federal courts should not interfere with ongoing state

judicial proceedings. See 401 U.S. 37, 53 (1971); Hickey v. Duffy, 827 F.2d 234, 244 (7th Cir.

1987) (Flaum, J., concurring); see also Price v. Superintendent, Miami Corr. Facility, No. 9-cv-

409, 2009 WL 3762336, *1 (N.D. Ind. Nov. 9, 2009) (noting Younger abstention applies if

there are ongoing state judicial proceedings that implicate important state interests and

there is an adequate opportunity to raise constitutional challenges in those state judicial

proceedings). The interests of comity and federalism require a state court to have the first

opportunity to decide a petitioner’s claims. Yeoman v. Pollard, 875 F.3d 832, 837-38 (7th

Cir. 2017) (quoting Rhines v. Weber, 544 U.S. 269, 276 (2005)). Therefore, a petitioner must

exhaust his or her state court remedies before seeking relief under § 2254, meaning he or

she must “fairly present” the claims in the state court. Id. (citing Baldwin v. Reese, 541 U.S.

27, 29 (2004); O’Sullivan v. Boerckel, 526 U.S. 838, 844-45 (1999); Picard v. Connor, 404 U.S.

270, 275 (1971)). To “fairly present” claims, a petitioner must assert the claims “through

one complete round of state-court review, either on direct appeal of his conviction or in

post-conviction proceedings.” Id. (citing Boerckel, 526 U.S. at 845). The petitioner must

raise the claims “at each and every level in the state court system, including levels at

which review is discretionary rather than mandatory.” Id. In Illinois, this includes a

2The record indicates, at some unknown time, Petitioner also filed a pro se fourth amended

postconviction petition. (Doc. 1, pgs. 41-45).

petition for leave to appeal that is filed in the Supreme Court of Illinois. Soto v. Truitt, No.

96-cv-5680, 2023 WL 112585, *8 (N.D. Ill. Jan. 5, 2023) (quoting Boerckel, 526 U.S. at 845)).

Relatedly, a petitioner who exhausts his or her state court remedies without fairly

presenting claims at each level of the state court has procedurally defaulted those claims.

Id. (citing Boerckel, 526 U.S. at 848-49); Howard v. O’Sullivan, 185 F.3d 721, 725 (7th

Cir.1999); Momient-El v. DeTella, 118 F.3d 535, 541 (7th Cir.1997)). Procedural defaults bars

federal habeas relief unless the petitioner shows cause for and prejudice from the default

or a miscarriage of justice stemming from the denial of relief. Id. (citing Wainwright v.

Sykes, 433 U.S. 72, 86-87 (1977); Murray v. Carrier, 477 U.S. 478, 495-96 (1986)).

Here, the Court emphasizes that Petitioner does not allege his Petition is

“mixed”—i.e., that “it presents both exhausted and not exhausted claims”—as to support

staying the Petition and holding it in abeyance. Evans v. Scott, No. 15-cv-1122, 2018 WL

501337, *4 (S.D. Ill. Jan. 22, 2018) (citing Rhines, 544 U.S. at 276). Instead, the record fails

to indicate that any of Petitioner’s claims are exhausted, i.e., that they have been subject

to “one complete round of state-court review, either on direct appeal of his conviction or

in post-conviction proceedings.” See Yeoman, 875 F.3d at 837-38. To the contrary,

Petitioner did not directly appeal the judgment of conviction. (Doc. 1, pg. 2). Petitioner

filed various amended postconviction petitions in the Circuit Court of St. Clair County.

(Doc. 1, pgs. 3-4). Of note, the third amended postconviction petition was dismissed by

the Circuit Court of St. Clair County before that court, in the only appeal reflected by the

instant record, was reversed by the Illinois Appellate Court, Fifth District. (Doc. 1, pgs. 5,

39). The record demonstrates the state proceedings, where Petitioner is represented by

counsel, remain ongoing following the remand. In short, Petitioner has not exhausted his

state remedies and, notably, it does not appear a dismissal of the operative postconviction

petition by the Circuit Court of St. Clair County will satisfy that requirement.

Therefore, the Court finds, without consideration of the merits, the Petition must

be DISMISSED without prejudice to allow for exhaustion in the state court. See Brown

v. Wisconsin, No. 14-cv-872, 2015 WL 631288, *3 (E.D. Wisc. Feb. 12, 2015) (finding, despite

filing of a § 2254 petition, a dismissal without prejudice was required since the court

could not ignore ongoing state-court proceedings or the fact that “a habeas petition ‘shall

not be granted’ if state-court remedies are unexhausted”) (Emphasis in original.). Also,

the Motion to Stay (Doc. 5), which only seeks a stay “until the end of April 2024…[when]

I will be done with the State court system,” is DENIED. As noted above, Petitioner will

not “be done with the State court system” even if the operative amended postconviction

petition is dismissed by the Circuit Court of St. Clair County. The Clerk of the Court is

DIRECTED to enter a judgment consistent with this Memorandum & Order.

Finally, under Rule 11 of the Rules Governing Section 2254 Cases in the U.S.

District Courts, the Court must “issue or deny a certificate of appealability when it enters

a final order adverse to the applicant.” A certificate should be issued only where

Petitioner “has made a substantial showing of the denial of a constitutional right.” 28

U.S.C. § 2253(c)(2). For a certificate of appealability to issue, Petitioner must show that

“reasonable jurists” would find the Court’s “assessment of the constitutional claims

debatable or wrong.” Slack v. McDaniel, 529 U.S. 473, 484 (2000); Buck v. Davis, 580 U.S.

100, 115 (2017). However, where a petition is dismissed on procedural grounds, without

consideration of the underlying constitutional issue, Petitioner must show both that

reasonable jurists would “find it debatable whether the petition states a valid claim of the

denial of a constitutional right and that jurists of reason would find it debatable whether

the district court was correct in its procedural ruling.” Slack, 529 U.S. at 484.

Here, no reasonable jurist would find it debatable that the Court's ruling on

exhaustion is correct. Therefore, the Court DENIES a certificate of appealability. If

Petitioner wishes to pursue an appeal, he may reapply for a certificate of appealability

with the Seventh Circuit. See Fed. R. App. P. 22(b); 28 U.S.C. § 2253(c)(1).

SO ORDERED.

Dated: April 12, 2024

s/ David W. Dugan

__________________________

DAVID W. DUGAN

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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