Vaughn, Jeremy v. Smith, T.

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
_________________________________________________________________________________
JEREMY VAUGHN,
Petitioner, OPINION AND ORDER
v. 25-cv-622-wmc
WARDEN T. SMITH,
Respondent.
_________________________________________________________________________________
Petitioner Jeremy Vaughn, a state prisoner who represents himself, is incarcerated by
the Wisconsin Department of Corrections at the Fox Lake Correctional Institution. Vaughn
has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254, challenging convictions
entered against him in Marathon County Case Nos. 22CF588 and 24CF974. (Dkt. #1.) He
has filed motions related to the filing fee, for appointment of counsel, and for leave to
supplement or amend his pleadings. (Dkts. ##8-13.) Under Rule 4 of the Rules Governing
§ 2254 Cases (“Habeas Rules”), a district court must dismiss the petition if it plainly appears
from the pleadings and exhibits that the petitioner is not entitled to relief. After reviewing all
of the submissions, the court concludes that the petition must be dismissed because Vaughn
did not exhaust available state court remedies before filing this action.
Publicly available state court records reflect that on November 7, 2024, Vaughn was
found guilty pursuant to a plea of no contest to charges of possession of methamphetamine,
THC, and drug paraphernalia in Marathon County Case No. 22CF588.1 On that same date,
Vaughn was found guilty pursuant to a plea of no context to possession of methamphetamine
1 See Wisconsin Circuit Court Access, at: https://wicourts.gov (last accessed Dec. 1, 2025).
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in Marathon County Case No. 24CF974. Public records reflect that Vaughn has numerous
other prior convictions.
Vaughn now seeks relief on the following grounds: (1) prosecutorial misconduct or
selective prosecution; (2) excessive sentence; and (3) ineffective assistance of counsel. (Dkt.
#1, at 5-8.) He has requested leave to add a claim that the prosecutor breached his plea
agreement. (Dkt. #12.) The available procedures for review of Wisconsin criminal convictions
are set forth in Wis. Stat. §§ 974.02 and 974.06. Vaughn discloses that he has filed post-
conviction motions in each case. (Id. at 6.) Public records show that these motions remain
pending. A federal court may not grant habeas relief from a state court judgment of conviction
unless the petitioner “has exhausted the remedies available in the courts of the State.” 28
U.S.C. § 2254(b)(1)(A); O’Sullivan v. Boerckel, 526 U.S. 838, 848 (1999). Because Vaughn has
not exhausted available state court remedies with respect to any of his claims, his petition must
be dismissed for lack of exhaustion.
ORDER
IT IS ORDERED THAT:
1) The federal habeas corpus petition filed by Jeremy Vaughn (Dkt. #1) is DISMISSED
without prejudice for lack of exhaustion.
2) All of petitioner’s pending motions (dkts. ## 8-13) are DENIED.
3) A certificate of appealabiliy is DENIED.
Entered this 1st day of December, 2025.
BY THE COURT:
/s/
__________________________________________
WILLIAM M. CONLEY
District Judge
Case: 3:25-cv-00622-wmc Document #: 14 Filed: 12/01/25 Page 2 of 2