Edge v. Stalder

Fifth Circuit

Edge v. Stalder

83 F. App'x 648

CourtCourt of Appeals for the Fifth Circuit

DecidedDecember 16, 2003

Docket03-30498

StatusUnpublished

This text of 83 F. App'x 648 (Edge v. Stalder) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Edge v. Stalder, 83 F. App'x 648 (5th Cir. 2003).

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Opinion

PER CURIAM: *

Michael Edge appeals the district court’s dismissal of his 28 U.S.C. § 2241 habeas corpus petition. Edge challenges the constitutionality of the Louisiana statutory schemes for release on parole and for awarding time credits to prisoners. Although not addressed by Edge, a threshold issue in this appeal is whether his failure to exhaust his state remedies would preclude his receiving federal habeas relief on this issue. A state prisoner may not receive habeas corpus relief if he has not first presented his claims to the state courts. See Robinson v. Wade, 686 F.2d 298, 303 n. 8 (5th Cir.1982); see also Dickerson v. Louisiana, 816 F.2d 220, 224 (5th Cir.1987).

This court may affirm the district court’s judgment on any grounds supported by the record. See Emery v. Johnson, 139 F.3d 191, 195 (5th Cir.1997). The record supports a conclusion that Edge failed to exhaust his state remedies with respect to the claims that he now presents to this court. Accordingly, we AFFIRM the district court’s denial of habeas relief on the alternate basis of lack of exhaustion.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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PER CURIAM: *

Michael Edge appeals the district court’s dismissal of his 28 U.S.C. § 2241 habeas corpus petition. Edge challenges the constitutionality of the Louisiana statutory schemes for release on parole and for awarding time credits to prisoners. Although not addressed by Edge, a threshold issue in this appeal is whether his failure to exhaust his state remedies would preclude his receiving federal habeas relief on this issue. A state prisoner may not receive habeas corpus relief if he has not first presented his claims to the state courts. See Robinson v. Wade, 686 F.2d 298, 303 n. 8 (5th Cir.1982); see also Dickerson v. Louisiana, 816 F.2d 220, 224 (5th Cir.1987).

This court may affirm the district court’s judgment on any grounds supported by the record. See Emery v. Johnson, 139 F.3d 191, 195 (5th Cir.1997). The record supports a conclusion that Edge failed to exhaust his state remedies with respect to the claims that he now presents to this court. Accordingly, we AFFIRM the district court’s denial of habeas relief on the alternate basis of lack of exhaustion.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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83 F. App'x 648, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edge-v-stalder-ca5-2003.

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