Andre Maurice Carstarphen, Jr. v. Vencini Smith, Correctional Warden III, William E. Donaldson Correctional Facility

CourtDistrict Court, S.D. Alabama
DecidedFebruary 6, 2026
Docket1:23-cv-00004
StatusUnknown

This text of Andre Maurice Carstarphen, Jr. v. Vencini Smith, Correctional Warden III, William E. Donaldson Correctional Facility (Andre Maurice Carstarphen, Jr. v. Vencini Smith, Correctional Warden III, William E. Donaldson Correctional Facility) is published on Counsel Stack Legal Research, covering District Court, S.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Andre Maurice Carstarphen, Jr. v. Vencini Smith, Correctional Warden III, William E. Donaldson Correctional Facility, (S.D. Ala. 2026).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ANDRE MAURICE CARSTARPHEN, ) JR., ) AIS # 00302920, ) ) Petitioner, ) ) v. ) CIVIL ACTION NO. 1:23-00004-JB-N ) VENCINI SMITH, ) Correctional Warden III, ) William E. Donaldson Correctional ) Facility, ) ) Respondent. ) ORDER Petitioner Andre Maurice Carstarphen, Jr., an Alabama prisoner proceeding without counsel (pro se), initiated this action by filing a petition for a writ of habeas corpus under 28 U.S.C. § 2254 dated December 3, 2022, challenging his confinement pursuant to criminal judgments handed down by the Circuit Court of Mobile County, Alabama. (Docs# 1, 2, 3). He has also paid the requisite $5 filing fee for this habeas corpus action. See (1/04/2023 docket notation); 28 U.S.C. § 1914(a). The assigned District Judge has referred the petition to the undersigned Magistrate Judge for appropriate action. See S.D. Ala. GenLR 72(b); (1/5/2023 electronic reference notation). Under S.D. Ala. GenLR 72(a)(2)(R), the undersigned is authorized to require responses, issue orders to show cause and any other orders necessary to develop a complete record, and to prepare a report and recommendation to the District Judge as to appropriate disposition of the petition, in accordance with 28 U.S.C. § 636(b)(1) and Rule 8(b) of the Rules Governing Section 2254 Cases in the United States District Courts. Under Rule 4 of the Rules Governing Section 2254 Cases, a judge must

examine a habeas petition as soon as practicable after its filing and, “[i]f 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.” Upon preliminary review under Rule 4, the undersigned concludes that it plainly appears Carstarphen is due no relief on his habeas petition because the claims are either procedurally defaulted or time-barred. I. Analysis

a. 2021 Revocation Proceedings Carstarphen’s present petition most clearly challenges his confinement under judgments of the Mobile County Circuit Court entered in June 2021 revoking his probation in Case Nos. CC-2013-2503.70 and CC-2014-3727.71. Those claims, however, are due to be dismissed as procedurally defaulted. “Before a federal court may grant habeas relief to a state prisoner, the prisoner must exhaust his remedies in state court.” O'Sullivan v. Boerckel, 526 U.S. 838, 842, 119 S. Ct. 1728, 144 L. Ed. 2d 1 (1999); accord Ogle v. Johnson, 488 F.3d 1364, 1368 (11th Cir. 2007) (“The habeas statute requires applicants to exhaust all available state law remedies before filing a federal habeas petition.”); 28 U.S.C § 2254(b)(1)(A). “Under the exhaustion requirement, a habeas petitioner challenging a state conviction must first attempt to present his claim in state court.” Harrington v. Richter, 562 U.S. 86, 103, 131 S. Ct. 770, 178 L.Ed.2d 624 (2011); see also Picard v. Connor, 404 U.S. 270, 276, 92 S. Ct. 509, 30 L.Ed.2d 438 (1971) (“Only if the state courts have had the first opportunity to hear the claim sought to be vindicated in a federal habeas proceeding does it make sense to speak of the exhaustion of state remedies.”). “The exhaustion requirement springs from principles of comity, which protect the state court's role in the enforcement of federal law and prevent disruption of state court proceedings.” Ward v. Hall, 592 F.3d 1144, 1156 (11th Cir. 2010). “Consistent with the purpose of the exhaustion rule, ‘state prisoners 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.’ ” Pruitt v. Jones, 348 F.3d 1355, 1359 (11th Cir. 2003) (quoting O'Sullivan, 526 U.S. at 845, 119 S. Ct. 1728); accord Ward, 592 F.3d at 1156 (“[T]o exhaust state remedies, a petitioner must fairly present every issue raised in his federal petition to the state's highest court, either on direct appeal or on collateral review.”). In the context of a habeas proceeding in the Alabama state courts, one complete round of Alabama’s established appellate review process means that the claim must be presented on appeal to the Alabama Court of Criminal Appeals and on petition for discretionary review to the Alabama Supreme Court. See Pruitt, 348 F.3d at 1359. Freeman v. Comm'r, Ala. Dep't of Corr., 46 F.4th 1193, 1216–17 (11th Cir. 2022), cert. denied, 143 S. Ct. 1785 (2023). Carstarphen appealed his revocation judgments to the Alabama Court of Criminal Appeals, which affirmed them in an unpublished memorandum decision issued February 4, 2022. See Carstarphen v. State, 373 So. 3d 240 (Table) (Ala. Crim. App. 2022); (attached Exhibit 1).1 Thereafter, Carstarphen was required to

1 All exhibits attached hereto have been obtained from the publicly-available dockets of Carstarphen’s two relevant state court criminal cases, Mobile County Circuit Court Case Nos. CC-2013-2503.70 and CC-2014-3727, accessed through Alabama’s online court docket access portal, Alacourt.com. See United States v. Jones, 29 F.3d 1549, 1553 (11th Cir. 1994) (“It recognized that a court may take judicial notice of a document filed in another court not for the truth of the matters asserted in the other litigation, but rather to establish the fact of such litigation and related filings. Accordingly, a court may take notice of another court's order only for the limited purpose of recognizing the judicial act that the order represents or the subject matter of the litigation.” (citation and quotations omitted)); Paez v. Sec'y, file an application for rehearing with the Court of Criminal Appeals as “a prerequisite to review by certiorari in the Supreme Court…” Ala. R. App. P. 39(c)(1), 40(d)(1). However, the Court of Criminal Appeals issued its Certificate of Judgment

on February 23, 2022 (see attached Exhibit 2)—19 days after the issuance of its affirmance memorandum indicating that Carstarphen did not timely file an application for rehearing. See Ala. R. App. P. 41(a)(1) (“The certificate of judgment of the court shall issue 18 days after the entry of judgment unless the time is shortened or enlarged by order…In the courts of appeals, the timely filing of an application for rehearing will stay the issuance of the certificate of judgment until disposition of the application unless otherwise ordered by the court. If the

application is denied, the certificate of judgment shall issue 18 days after entry of the order denying the application unless the time is shortened or enlarged by order.”).2 Therefore, Carstarphen did not exhaust any of his habeas claims on direct appeal. Thus, Carstarphen’s only other avenue to exhaust his claims in state court was through a petition for collateral review of his revocation judgments under

Alabama Rule of Criminal Procedure 32. See Ala. R. Crim. P. 32.4 (“A proceeding

Fla. Dep't of Corr., 947 F.3d 649, 651-53 (11th Cir.

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Andre Maurice Carstarphen, Jr. v. Vencini Smith, Correctional Warden III, William E. Donaldson Correctional Facility, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andre-maurice-carstarphen-jr-v-vencini-smith-correctional-warden-iii-alsd-2026.