Opinion
No. CV-05-192-EFS.
October 19, 2005
ORDER DISMISSING PETITION
By Order filed August 1, 2005, the court directed Petitioner, a prisoner currently housed at the Montana State Penitentiary in Deer Lodge, Montana, to amend his petition. Specifically, the court noted it appeared Plaintiff's guilty plea had waived his claim to a speedy trial. Cf. United States v. Bohn, 956 F.2d 208, 209 (9th Cir. 1992) (holding that a defendant's unconditional guilty plea waives his right to a speedy trial under the Speedy Trial Act); see also New York v. Hill, 528 U.S. 110 (2000) (holding that a defendant can waive his right to a speedy trial under the IAD). In addition, Petitioner failed to demonstrate he had exhausted his claims to the State's highest court. 28 U.S.C. § 2254(b)(1). Rose v. Lundy, 455 U.S. 509, 518-20 (1982).
Although granted the opportunity to do so, Plaintiff failed to amend his petition to state a viable habeas claim against a proper party Respondent. Accordingly, for the reasons set forth above and in the Order to Amend Petition (Ct. Rec. 8), IT IS ORDERED the Petition (Ct. Rec. 6) is DISMISSED without prejudice for failure to exhaust state court remedies.
IT IS SO ORDERED. The District Court Executive is directed to enter this Order, enter judgment, and forward a copy to Petitioner at his last known address.