RODRIGUEZ v. MILLER et al

Filing 18

MEMORANDUM AND ORDER that upon good cause shown, the Clerk shall reopen this matter for further proceedings. ORDERED that the Clerk shall serve this Memorandum and Order upon Plaintiff by regular Mail, together with blank forms IFP and Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241 (forms and Memorandum Order mailed on 8/21/2015). Signed by Judge Renee Marie Bumb on 8/21/2015. (TH, )

NOT FOR PUBLICATION
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CAMDEN VICINAGE

JEAN EMMANUEL RODRIGUEZ,
Plaintiff,
v.
JOHN J. MILLER, et al.,
Defendants.

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Civil Action No. 14-6290(RMB)

MEMORANDUM AND ORDER

BUMB, District Judge:
On October 9, 2014, Defendants removed this civil rights
action from state court to this Court. (ECF No. 1). On July 29,
2015, this Court administratively terminated the action upon
Plaintiff’s failure to explain in writing why he failed to
appear at the July 2, 2015 in-person conference, as Ordered by
the Honorable Karen Williams. (ECF No. 16.) Plaintiff was
instructed that, if good cause was shown, this matter would be
reinstated. (Id.)
This matter is now before the Court upon Plaintiff’s letter
request, explaining that he could not attend the July 2, 2015
hearing before Magistrate Judge Williams because he had been
arrested, and asking whether proceedings in this matter can

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continue while he is in pretrial incarceration. (ECF No. 17).
For good cause shown, the Court will reopen this matter and
proceedings may continue.
Plaintiff also requested that this Court provide him with
the necessary forms to file a Petition for a Writ of Habeas
Corpus, to challenge his present pretrial detention. A state
prisoner can challenge pretrial state custody under 28 U.S.C. §
2241; however, the petitioner must ordinarily exhaust his state
court remedies prior to filing for federal habeas relief. See
Moore v. DeYoung, 515 F.2d 437, 443 (3d Cir. 1975) (federal
court should not exercise habeas jurisdiction at pre-trial stage
absent extraordinary circumstances.) If Plaintiff chooses to
file a habeas petition, he must open a separate matter in this
Court.
Plaintiff made two additional requests. First, he asks that
this Court notify the Grand Jury Transcriber in Atlantic County
Superior Court of his pro se status in this Court. This case is
of public record, and Plaintiff may provide the case number to
any interested person.
Second, Plaintiff stated he is attempting to have the
current state criminal case against him removed to federal court
so he is not coerced into taking a guilty plea, and he wished to
notify this Court and defense counsel. This Court does not have

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subject matter jurisdiction over the state criminal charge
against Plaintiff.
IT IS therefore, on this 21st day of August 2015,
ORDERED that upon good cause shown, the Clerk shall reopen
this matter for further proceedings; and it is further
ORDERED that the Clerk shall serve this Memorandum and
Order upon Plaintiff by regular U.S. Mail, together with blank
forms, “Prisoner Applying To Proceed In Forma Pauperis In A
Habeas Corpus Case” and “Petition for a Writ of Habeas Corpus
Under 28 U.S.C. § 2241.”

Renée_Marie Bumb____________
RENÉE MARIE BUMB
United States District Judge

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