United States District Court, D. Connecticut
WAYNE J. JONES, SR., Petitioner,
COMMISSIONER OF CORRECTION, et al., Respondent.
ORDER FOR PETITIONER TO FILE SUPPLEMENTAL
A. BOLDEN, UNITED STATES DISTRICT JUDGE
October 27, 2006, Wayne J. Jones, Sr.
(“Petitioner”) was convicted of sexual assault in
the first degree, in violation of Conn. Gen. Stat. §
53a-70(a)(1), burglary in the first degree, in violation of
Conn. Gen. Stat. § 53a-101(a)(2), and kidnapping in the
first degree, in violation of Conn. Gen. Stat. §
53a-92(a)(2)(B). Pet. at 2, ECF No. 1; Resp't's Ex. V
at 101-02, ECF No. 12-26. On December 15, 2006, the trial
court sentenced Mr. Jones to twenty-five years of
incarceration. Pet. at 2; Pet'r Mem. at 2;
Resp't's Ex. V at 3, ECF No. 12-28.
Jones appealed his convictions to the Connecticut Appellate
Court. State v. Jones, 974 A.2d 72 (Conn. App. Ct.
2009); Case Detail for State v. Jones, No. 28642,
State of Connecticut Judicial Branch,
The Connecticut Appellate Court affirmed Petitioner's
convictions, and thereafter, the Connecticut Supreme Court
denied certification to appeal the Appellate Court's
decision. State v. Jones, 979 A.2d 492 (Conn. 2009).
his direct appeal was pending, Mr. Jones filed his first
petition for writ of habeas corpus in state court. Jones
v. Warden, No. CV074001687S (Santos, J.), 2010
WL 4612586 (Conn. Super. Ct. Oct. 25, 2010). The state habeas
court denied the petition on October 25, 2010. Id.
In a per curium decision on March 27, 2012, the
Connecticut Appellate Court affirmed the state habeas
court's judgment. Jones v. Comm'r of Corr.,
38 A.3d 1253 (Conn. App. Ct. 2012).
days after the first habeas action terminated, Mr. Jones
filed a second state habeas action. Jones v. Warden,
No. CV124004724S (Oliver, J.), 2014 WL 7495091
(Conn. Super. Ct. Nov. 21, 2014). The state court denied that
petition on November 21, 2014, and the Connecticut Appellate
Court affirmed the lower court's judgment on November 22,
2016. Jones v. Comm'r of Corr., 150 A.3d 757
(Conn. App. Ct. 2016). Thereafter, on January 11, 2017, the
Connecticut Supreme Court denied certification to appeal the
Appellate Court's decision. Jones v. Comm'r of
Corr., 152 A.3d 1246 (Conn. 2017).
March 3, 2017, fifty-one days after the second state habeas
action terminated, Mr. Jones filed a third petition for writ
of habeas court in state court. Case Detail for Jones v.
Comm'r of Corr., No. CV174008687S (Oliver,
The state habeas court dismissed that petition on March 28,
2017 and denied his petition for certification to appeal its
decision on April 10, 2017. Id. Mr. Jones did not
seek an appeal from the denial of certification.
April 24, 2017, Mr. Jones filed in this Court a petition for
writ of habeas corpus under 28 U.S.C. § 2254 challenging
his state convictions. On October 4, 2017, while his federal
petition was pending, Mr. Jones filed a fourth petition for
writ of habeas corpus in state court. Case Detail for
Jones v. Comm'r of Corr., No. CV174009143S,
That petition is currently pending in state court. The
Commissioner of Correction responded to the merits of the
federal petition, along with supporting evidence, on January
31, 2018. Resp't's Mem. in Opp. to Pet. for Writ of
Habeas Corpus, ECF No. 12.
petitioner may not bring a successive § 2254 petition
raising new claims in federal court unless the Court of
Appeals issues an order authorizing consideration of the new
claims. 28 U.S.C. § 2244(b)(3)(A); Player v.
Artus, 06 Civ. 2764 (JG), 2008 WL 324246, *2 (E.D.N.Y.
Feb. 6, 2008). Thus, if Mr. Jones proceeds with his federal
habeas petition as written, he may be foreclosed from raising
any additional constitutional claims regarding his state
convictions not addressed in the petition. Because Mr. Jones
has a pending habeas corpus action in state court, the Court
will afford him one opportunity to amend his federal petition
after exhaustion of his fourth state habeas petition.
thirty (30) days from the date of this order, Mr.
Jones shall file a notice with the Court stating his
intention to (a) proceed with his federal petition as written
or (b) exhaust his fourth state habeas action before
proceeding with his federal petition. If Mr. Jones chooses to
proceed with his federal petition as written, the Court will
issue a ruling on the merits of his petition and petitioner
will be foreclosed from filing any second or successive
§ 2254 petition in federal court (unless the Court of
Appeals authorizes the new claims). If Mr. Jones chooses to
exhaust his fourth state habeas action before proceeding with
his federal petition, the Court will dismiss the federal
petition without prejudice, and petitioner may move to
re-open the case and file an amended § 2254 petition
with any additional exhausted claims following the
termination of the fourth state habeas action.
to file the required notice with the Court within thirty (30)
days of the date of this order will be deemed as a waiver of
all claims not currently raised in the instant federal
petition, and the Court will issue a ruling on the merits of
the federal petition as written.
 The federal petition was docketed on
May 26, 2017. However, under the “prison mailbox rule,
” the petition is deemed filed at the moment petitioner
gave it to prison officials for filing, which the Court can
presume is April 24, 2017, the day petitioner signed the
petition. See Hardy v. Conway, 162 Fed. App'x
61, 62 (2d Cir. 2006) (explaining that pro se
petitioner's habeas petition is deemed filed at moment he
gives it to prison officials); Johnson v. Coombe,
156 F.Supp.2d 273, 277 ...