Sojourner v. Reed

Filing 2

ORDER AND OPINION that the 1 Petition for Writ of Habeas Corpus filed by Isaac E. Sojourner is dismissed without prejudice. Signed by Judge Thomas W. Thrash, Jr on 3/20/09. (dr)

F Up

#4 THOMAS . THFOAN W U. S. D, C. Aftft

MAR 2 a 2009
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UNITED STATES DISTRICT COURT JAMES N . HAVEN , Cle k aep c lerk FOR THE NORTHERN DISTRICT OF GEORGI1y ATLANTA DIVISION
ISAAC E. SOJOURNER, Petitioner,
V.

PRISONER HABEAS CORPUS 28 U.S .C . § 2241 CIVIL ACTION NO . 1 :09-CV-0597-TWT-ECS

RICHARD REED, Respondent .

ORDER AND OPINION
Isaac Sojourner is being held in the Rockdale County Jail in Conyers, Georgia, awaiting trial in state court . Sojourner filed a habeas corpus petition
pursuant to 28 U .S .C . § 2241 challenging his detention . [Doc . 1 1 . Sojourner's submission, including exhibits, is 37 pages long . His claims are captioned : "Defected Due Process," "Prudent Compulsory Process Denied," "Ineffective Assistance of Counsel," "Excessive Bail Imposed," and "Denied State Forms ."

Because Sojourner is proceedingpro se, this Court construes his petition liberally . Holsomback v . White, 133 F .3d 1382, 1386 (11th Cir . 1998). In light of Sojourner's pending criminal trial in state court, this Court must
first determine whether Younger abstention is appropriate . "Since the beginning

of this country's history Congress has, subject to few exceptions, manifested a

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desire to permit state courts to try state cases free from interference by federal
courts ." Younger v . Harris, 401 U .S . 37, 43 (1971) . "[A]bsent extraordinary

circumstances federal courts should not enjoin pending state criminal
prosecutions ." New Orleans Pub, Serv ., Inc, v. Council ofNew Orleans, 491 U .S .

350, 364 ( 1989) . This is not a jurisdictional limitation, but rather one based on principles of equity and comity . Id. Exceptions to Younger abstention are made in very limited circumstances when (1) there is evidence of state proceedings motivated by bad faith, (2) irreparable injury would occur, or (3) there is no adequate alternative state forum where the constitutional issues can be raised . Hughes v . Attorney General of Florida, 377 F .3d 1258, 1263 (11th Cir . 2004)
(citing Younger, 401 U.S. at 53-54) . Sojourner has proffered no facts

demonstrating a substantial basis for a finding that this case ought to be excepted from the application of Younger abstention . Sojourner should, in the first instance, seek relief relating to the claims in his federal habeas petition directly in the pending Georgia criminal proceeding or
in a Georgia habeas corpus proceeding . See O .C .G .A . § § 9-14-1(a) & 9-6-20 .

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I T IS ORD E RED that Sojourner's petition [Doc . 1] is DIS MI SSE D WITHOUT PREJUDICE. IT IS S O ORD E RE D , this qD day of 2009 .

THOMAS W. THRASH, JR . UNITED STATES DISTRICT JUDGE

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