PENNINGTON v. TWIGGS COUNTY GEORGIA et al

Filing 3

ORDER DISMISSING without prejudice 1 Petition for Writ of Habeas Corpus filed by JEFFREY ALLEN PENNINGTON. Ordered by U.S. District Judge MARC THOMAS TREADWELL on 7/2/2014. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION

JEFFREY ALLEN PENNINGTON,
Petitioner,
VS.
TWIGGS COUNTY GEORGIA,
Respondent.
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CIVIL NO. 5:14-CV-0244-MTT-MSH

ORDER
A pleading has been filed in this Court on behalf of Petitioner Jeffrey Allen
Pennington, a prisoner confined at the Twiggs County Jail. Because the pleading
requests relief only available by writ of habeas corpus, it is construed as a petition for
federal habeas corpus relief under 28 U.S.C. § 2241. The petition, however, was not
drafted or signed by Petitioner, but was instead prepared and filed by Petitioner’s wife. It
is unclear whether Petitioner is even aware that the action has been filed, and the petition
does not include any explanation as to why Petitioner is unable prosecute the action on
his own behalf. The undersigned thus finds that Petitioner’s wife lacks standing to bring
this action. See Francis v. Warden, FCC Coleman-USP, 246 F. App’x 621, 622-23 (11th
Cir. 2007) (citing Whitmore v. Arkansas, 495 U.S. 149, 163, 110 S.Ct. 1717, 1727, 109
L.Ed.2d 135 (1990)). The petition is therefore DISMISSED without prejudice.
In the event Petitioner wishes to file a petition for writ habeas corpus, he is directed
to complete a standard form petition and submit it to this Court – with either payment of
the required filing fee or a motion for leave to proceed in forma pauperis. Petitioner

should note, however, that a state prisoner is generally required to “exhaust available
state judicial remedies before a federal court will entertain his petition for habeas corpus.”
Picard v. Connor, 404 U.S. 270, 275 (1971) (citing Ex Parte Royall, 117 U.S. 24l (1886)).
Therefore, Petitioner should not file a federal habeas corpus action challenging his
current confinement until after he has fully exhausted all remedies available to him in the
state courts.
SO ORDERED, this 2nd day of July, 2014.

S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
jlr