Martinez v. Warden of South Dakota State Penitentiary

UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA WESTERN DIVISION _ ANDRE MARTINEZ, 5:22-CV-05043-RAL Plaintiff, OPINION AND ORDER GRANTING vs. MOTION TO DISMISS WARDEN OF SOUTH DAKOTA STATE PENITENTIARY, Defendant. Petitioner Andre Martinez (Martinez) filed this case under

28 U.S.C. § 2254

after pleading guilty to and receiving a 75-year custody sentence for Manslaughter in the First Degree in state court. Martinez’s petition concedes that three of the four claims in his § 2254 petition were not raised in prior state court proceedings. Doc. 1. Respondent Warden of the South Dakota State…