Ra El v. The Circuit Court for Prince George's County

Filing 2

MEMORANDUM OPINION. Signed by Judge Roger W Titus on 4/5/2013. (c/m to pet. @ Owings Mills address & P.G. County Corrections Center 4/5/2013 rs) (rss, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

MINISTER ISSA RA-EL,
Ex Rel PATRICK C. LEWIS
Petitioner,

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v.

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MARY LOU MCDONOUGH, DIRECTOR1
Respondent.

CIVIL ACTION NO. RWT-13-1003

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MEMORANDUM OPINION
On April 4, 2013, Petitioner filed this action alleging he is being restrained of his liberty due
to an alleged failure to appear in the Circuit Court for Prince George’s County, Maryland on child
support collection actions filed against him. He also references counts of burglary and trespass,
although from a review of the Petition it is not clear if he was charged on those offenses.2 He
invokes this Courts habeas corpus jurisdiction under 28 U.S.C. § 2254, alleging that he: has been
detained on defective warrants; is being restrained of his liberty on false allegations; and was
unlawfully arrested. (ECF No. 1). He asks this Court to “vacate” his detainment and to release him

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The Prince George’s County Correctional Center (“PGCCC”) has informed court personnel
that Petitioner is confined on failure to appear charges. Ms. McDonough is the Director of the PGCCC.
Inasmuch as Petitioner is attacking his current detention in the PGCCC, McDonough would be the proper
Respondent. See United States v. Miller, 871 F.2d 488, 490 (4th Cir. 1989); United States v. Hutchings, 835
F.2d 185, 187 (8th Cir. 1987); see also Rumsfeld v. Padilla, 542 U.S. 426, 443, 447, 451 (2004); Braden v.
30th Judicial Circuit Court, 410 U.S. 484, 496 (1973) (§ 2241 petitions typically heard by court having
jurisdiction over petitioner's custodian). Generally, the custodian is the person having the day-to-day control
over the detainee. See Guerra v. Meese, 786 F.2d 414, 416 (D.C. Cir. 1986). The docket shall be amended
accordingly.
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A review of the state court document helps to clarify the issue. On March 5, 2013, a
summons was issued in the District Court for Prince George’s County, charging Petitioner, also known as
Patrick C. Lewis, with one count of fourth-degree store burglary and one count of trespass on posted property.
See Maryland v. Lewis, Criminal No. 1E00496791 (District Court for Prince George’s County).

from custody. Petitioner has paid the $5.00 habeas filing fee. His Petition will, however, be
summarily dismissed without requiring a response from respondent.
To the extent that Petitioner is attacking his pending criminal charges, his action shall be
treated as a 28 U.S.C. § 2241 habeas corpus Petition. A district court will generally not intervene in
ongoing state court criminal matters until the state judicial remedies available to a petitioner have
been fully exhausted. See Huffman v. Pursue, Ltd., 420 U.S. 592, 609-610 (1975). Moreover, for a
federal court to exercise its habeas corpus power to stop state criminal proceedings, "special
circumstances" must exist. See Braden v. 30th Judicial Circuit, 410 U.S. 484, 489 (1973); Dolack v.
Allenbrand, 548 F.2d 891, 893 (10th Cir. 1977). Such extraordinary circumstances include: bad faith
prosecution; prosecution under patently unconstitutional statutes; or prosecution before a biased
state tribunal. See Younger v. Harris, 401 U.S. 37 (1971); Moore v. Sims, 442 U.S. 415 (1979).
Petitioner has not exhausted his state court remedies. Further, assuming, without deciding, that
Petitioner has raised viable claims under the United States Constitution, his allegations do not raise
substantive grounds for federal court intervention in his pending state prosecution by means of a pretrial § 2241 habeas petition. See, e.g., Dickerson v. Louisiana, 816 F.2d 220, 226 (5th Cir. 1987).
The merits of the habeas Petition shall not be considered by this Court.
For the aforementioned reasons, the Court hereby dismisses the case for the failure to exhaust
state court remedies. A separate Order follows.

Date: April 5, 2013

/s/
ROGER W. TITUS
UNITED STATES DISTRICT JUDGE

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