TODD CAMPBELL, District Judge.
The petitioner, proceeding pro se, is an inmate at the Hardeman County Correctional Facility in Whiteville, Tennessee. He brings this action pursuant to 28 U.S.C. § 2254 against Michael Donahue, Warden of the facility, seeking a writ of habeas corpus.
In February, 2011, a Dickson County jury found the petitioner guilty of child rape (2 counts) and aggravated sexual battery (2 counts). By operation of law, the aggravated sexual battery convictions were merged with the child rape convictions. For his crimes, the petitioner received two consecutive sentences of twenty (20) years in prison.
On appeal, the Tennessee Court of Criminal Appeals affirmed the convictions. No further direct review of the convictions was sought by the petitioner.
In December, 2012, however, the petitioner filed a petition for post-conviction relief in the Circuit Court of Dickson County. Following an evidentiary hearing, the petitioner was denied post-conviction relief. An appeal of this ruling is currently pending in the Tennessee Court of Criminal Appeals.
On December 18, 2014, the petitioner filed the instant petition (Docket Entry No.1) for writ of habeas corpus. In the petition, he sets forth nine primary claims for relief. More specifically, the petitioner alleges that:
Upon its receipt, the Court examined the petition and determined that it was not facially frivolous. Accordingly, an order (Docket Entry No.3) was entered directing the respondent to file an answer, plead or otherwise respond to the petition. Rule 4, Rules — § 2254 Cases.
Presently pending before the Court are the petition, respondent's Motion to Dismiss (Docket Entry No.9) and petitioner's Reply (Docket Entry No.11) to the Motion to Dismiss.
The respondent asserts that this action is subject to dismissal because the petitioner has not yet fully exhausted his state court remedies for each and every claim in his petition.
A federal district court will not entertain a petition for writ of habeas corpus unless the petitioner has first exhausted all available state court remedies for each claim in his petition.
According to the respondent, all but one of the petitioner's claims are currently on appeal to the Tennessee Court of Criminal Appeals. In his Reply, the petitioner does not dispute this assertion. Therefore, the Court finds that the petitioner has failed to fully exhaust all of his claims prior to filing the instant action.
In the Reply, the petitioner suggests that exhaustion would be futile because "the State of Tennessee has on numerous instances shown a disregard for timely proceeding with prosecutions." For that reason, coupled with his claim of actual innocence, the petitioner believes that he should be excused from the requirement of exhaustion.
An exception to the exhaustion requirement does exist if there is no opportunity to obtain redress in the state courts or if the corrective process is so clearly deficient as to render futile any further effort to obtain relief.
When a habeas corpus petitioner has failed to exhaust all state court remedies for each claim in his petition, a district court is obliged to dismiss the petition.