SCUTERI v. PRETORIUS

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION
MICHAEL ANDREW SCUTERI, 	)
)
Petitioner, 	)
)
v. 	) 	No. 2:25-cv-00536-JPH-MG
)
TRICIA PRETORIUS, 	)
)
Respondent. 	)
ORDER TO SHOW CAUSE
On October 28, 2025, Petitioner Michael Scuteri filed this habeas corpus
action challenging state court cause number 86C01-2105-F4-000040. Dkt. 2.
Because a preliminary review of the petition shows that Mr. Scuteri is not entitled
to relief, the Court directs him to show cause why this action should not be
dismissed without prejudice.
I. 	Filing Fee
Mr. Scuteri has through December 8, 2025, to pay the $5.00 filing fee in
this action or file a motion to proceed in forma pauperis with a copy of his trust
account statement attached if he cannot afford the filing fee.
II. 	Rule 4
Rule 4 of the Rules Governing Section 2254 Cases in the United States
District Court provides that upon preliminary consideration by the district court
judge, "[i]f it plainly appears from the petition and any attached exhibits that the
petitioner is not entitled to relief in the district court, the judge must dismiss the
petition and direct the clerk to notify the petitioner."
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III. 	Parallel Proceedings and Failure to Exhaust
The Court takes judicial notice that Mr. Scuteri filed a habeas action on
May 29, 2025, challenging the same conviction and sentence. See Scuteri v.
Pretorius, 2:25-cv-00251-JPH-MKK (S.D. Ind. May 29, 2025). In that case,
Respondent filed a motion to dismiss on September 10, 2025, which remains
pending. Id. at dkt. 10.
The 	Seventh 	Circuit 	has 	stated 	that 	allowing 	two 	habeas 	petitions
challenging the same state proceedings to proceed in parallel may constitute an
"abuse of the writ" for the same reason that second or success habeas petitions
are prohibited, absent approval of the Court of Appeals. Turner v. Farley, 53 F.3d
333 (7th Cir. 1995) (quoting Higgason v. Clark, 984 F.2d 203, 204 (7th Cir. 1993)
("[C]hanneling all arguments into a single collateral attack is the principal role
of the doctrine treating successive petitions as abuses of the writs.")). Because
this case challenges the same conviction as the petition filed in 2:25-cv-00251-
JPH-MKK, Mr. Scuteri has through December 8, 2025, to show cause why this
petition should not be dismissed without prejudice as duplicative. See McGinnis
v. Stevens, Case No. 24-cv-1312-pp, 2025 WL 1555221, at *2 (E.D. Wis. May 30,
2025) (dismissing duplicative habeas action and noting that petitioner may want
to seek leave to add claims in his first-filed habeas action).
Alternatively, the Court notes that Mr. Scuteri has not exhausted his state
court remedies. "To protect the primary role of state courts in remedying alleged
constitutional errors in state criminal proceedings, federal courts will not review
a habeas petition unless the prisoner has fairly presented his claims throughout
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at least one complete round of state-court review, whether on direct appeal of
his conviction or in post-conviction proceedings." Johnson v. Foster, 786 F.3d
501, 504 (7th Cir. 2015) (citation and quotation marks omitted); see 28 U.S.C.
§ 2254(b)(1)(A).
The Court takes judicial notice that Mr. Scuteri filed a petition for post-
conviction relief on November 17, 2025, in Warren Circuit Court under state
court 	cause 	number 	86C01-2511-PC-000264, 	in 	which 	he 	challenges 	his
conviction in state court cause number 86C01-2105-F4-000040. Thus, Mr.
Scuteri also must show cause why this action should not be dismissed without
prejudice as unexhausted.
IV. 	Conclusion
Mr. Scuteri has through December 8, 2025, to resolve the filing fee in
this action and to show cause why this action should not be dismissed without
prejudice.
SO ORDERED.
Distribution:
MICHAEL ANDREW SCUTERI
286882
PUTNAMVILLE - CF
PUTNAMVILLE CORRECTIONAL FACILITY
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Date: 11/17/2025
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