Thad Douglas Lowe v. Jack Duckworth, Warden, Indiana State Prison, and Theodore Sendak, Attorney General, State of Indiana

PELL, Circuit Judge.

Petitioner Thad Douglas Lowe appeals from the district court’s dismissal of his petition for a writ of habeas corpus. The district court dismissed the petition for failure to exhaust state remedies. When Lowe filed his petition in district court, his post-conviction relief motion 1 was still pending in state court. Lowe argued to the district court that, notwithstanding the pendency of the state court proceeding, his federal petition should not be dismissed on exhaustion grounds because his state remedy was ineffective. 2 Lowe’s state motion had lain dormant for nearly…