Smith v. Allen

Filing 6

ORDER reflecting Mr. Smith is not presently entitled to habeas relief. IT IS, THEREFORE ORDERED that his Section 2241 Petition for Writ of Habeas Corpus is DISMISSED without prejudice. Signed by Judge James M. Moody on 2/23/2012. (jct)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION TAVARES R. SMITH, v. PETITIONER 3:12-cv-00036-JMM-JJV MIKE ALLEN, Sheriff, Crittenden County Detention Facility RESPONDENT ORDER On February 3, 2012, Mr. Smith filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 seeking habeas relief from his charges and pre-trial detention. (Doc. No. 2 at 2.) On review of these claims, the Court finds that summary dismissal is appropriate. Given that Mr. Smith’s trial is currently pending in State court, this Court must abstain from considering the instant claims pursuant to Younger v. Harris, 401 U.S. 37 (1971). Mr. Smith has not alleged facts sufficient to trigger the extraordinary-circumstances exception to the Younger doctrine. Because it is clear from the face of the Petition that Mr. Smith is not presently entitled to habeas relief, his habeas claims are hereby DISMISSED without prejudice. (See Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts.) IT IS, THEREFORE, ORDERED that: 1. Mr. Smith’s § 2241 Petition for Writ of Habeas Corpus (Doc. No. 2) is DISMISSED without prejudice. SO ORDERED this 23rd day of February, 2012. __________________________ JAMES M. MOODY UNITED STATES DISTRICT JUDGE 1

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