Hunter v. Carson et al

Filing 6

MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that petitioner's motion for leave to proceed in forma pauperis is GRANTED. IT IS FURTHER ORDERED that this action is DISMISSED without prejudice. An Order of Dismissal will be filed separately. Signed by District Judge Ronnie L. White on 11/16/2016. (NEB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

ALBERT COREY HUNTER,
Petitioner,
v.

JEFFREY CARSON, et al.,
Respondent,

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No. 4:16-CV-1300 RLW

MEMORANDUM AND ORDER

This matter is before the Court on the petition of Albert Hunter for a writ of habeas
corpus pursuant to 28 U.S.C. § 2241. The petition is denied.
Petitioner is a pretrial detainee charged with several counts of kidnapping, domestic
assault, and unlawful possession of a firearm. Missouri v. Hunter, No. 1622-CR02888-01 (City
of St. Louis). He seeks relief on the basis that he was acting in self-defense. He also believes he
is immune from prosecution. On August 22, 2016, the Court ordered him to show cause why
this action should not be dismissed for failure to exhaust state remedies.
In response, petitioner claims that he cannot be prosecuted because he is "Sui Juris" and a
"Native Moorish American."
Under 28 U.S.C. § 2241(c)(3), the federal courts have jurisdiction over pretrial habeas
petitions. Neville v. Cavanagh, 611 F.2d 673 , 675 (7th Cir.1979). "Despite the existence of
jurisdiction, however, federal courts are reluctant to grant pre-trial habeas relief." Id.
when "special circumstances" exist will a federal court find

Only

that a pretrial detainee has

exhausted state remedies. Id. "In most cases courts will not consider claims that can be raised at

trial and in subsequent state proceeding." Blanck v. Waukesha County, 48 F. Supp. 2d 859, 860
(D. Wis. 1999).
Petitioner has not demonstrated that "special circumstances" exist that would allow him
to bring a pretrial habeas petition. Petitioner can litigate his claims at trial and on appeal, if he is
convicted. As a result, this action is dismissed.
According! y,
IT IS HEREBY ORDERED that petitioner' s motion for leave to proceed in forma

pauperis is GRANTED.
IT IS FURTHER ORDERED that this action is DISMISSED without prejudice.
An Order of Dismissal will be filed separately.

Dated

thisLb~ay of November, 2016.

~c/.J;;J/o
RONNIE L. WHITE

UNITED STATES DISTRICT JUDGE

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