SANCHEZ v. TAYLOR et al

Filing 4

MEMORANDUM OPINION. Signed by Judge Noel L. Hillman on 1/24/2018. (tf, n.m.)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
______________________________
:
:
:
Petitioner,
:
:
v.
:
:
KAREN TAYLOR and THE ATTORNEY :
GENERAL OF THE STATE OF NEW
:
JERSEY,
:
:
Respondents.
:
______________________________:
JOSE A. SANCHEZ,

Civ. Action No. 17-7732 (NLH)

MEMORANDUM OPINION

IT APPEARING THAT:
1.

Petitioner has filed a Petition for a Writ of Habeas

Corpus before this Court. ECF No. 1.

The Petition does not

specify under which statute the Petition is brought.

The Court

construes it as pursuant to 28 U.S.C. § 2241 because Petitioner
is a state pre-trial detainee.

See Moore v. De Young, 515 F.2d

437, 442 (3d Cir. 1975) (noting jurisdiction over pre-trial
state detainees pursuant to § 2241).
2.

The Petition is presently before the Court in

accordance with Rule 4 of the Rules Governing Section 2254
Cases, applicable to § 2241 cases through Rule 1(b), to
determine whether dismissal prior to submission of an answer is
warranted.

See also Lonchar v. Thomas, 517 U.S. 314, 320 (1996)

(“[A] district court is authorized to dismiss a [habeas]
petition summarily when it plainly appears from the face of the

petition and any exhibits annexed to it that the petitioner is
not entitled to relief in the district court[.]”).
3.

In the Petition, Petitioner alleges that the following

federal rights have been violated:

the Sixth Amendment rights

to a speedy trial, to confront accusers, and to effective
assistance of counsel; and the Fourteenth Amendment rights to
due process and equal protection.
4.

ECF No. 1, ¶ 1(B)–(F).

The sort of conduct about which Petitioner complains

includes failure to formally arraign him, lack of formal notice
of the charges against him, failure to fingerprint Petitioner or
otherwise ascertain his identity, lack of discovery and
disclosure in his criminal case, continued pre-trial detention
for over fifteen months without trial, continual rescheduling of
court appearances, failure of his defense counsel to file
warranted motions that would secure his release from detention,
and the fact that his alleged victim has recanted.

ECF No. 1,

¶¶ 6–11, 14.
5.

“[S]ection 2241 authorizes a federal court to issue a

writ of habeas corpus to any pre-trial detainee who is in
custody in violation of the Constitution or laws or treaties of
the United States.
2010)).

Duran v. Thomas, 393 F. App’x 3, 4 (3d Cir.

The petitioner, however, must first exhaust his state

court remedies or otherwise allege extraordinary circumstances.
2

Id. at 4.

This is necessary to prevent “‘pre-trial habeas

interference by federal courts in the normal functioning of
state criminal processes’” as well as attempts “‘to litigate
constitutional defenses prematurely in federal court.’”

Id.

(quoting Moore, 515 F.2d at 445–46).
6.

Generally, the proper procedure for Petitioner is to

exhaust his constitutional claims before all three levels of the
New Jersey courts and, if he is unsuccessful, to thereafter
present them to this Court in a petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254.

See Moore, 515 F.2d at

449.
7.

Upon careful review, this Court finds that Petitioner

has failed to include allegations either outlining his attempts
to exhaust the claims raised in his Petition or demonstrating
extraordinary circumstances.

Petitioner is not entitled to a

pre-trial writ of habeas corpus without demonstrating either
exhaustion or extraordinary circumstances, and this Court will
dismiss the Petition without prejudice for this reason.

See

Duran v. Thomas, 393 F. App'x 3 (3d Cir. 2010) (affirming
dismissal of § 2241 petition alleging that petitioner was
subjected to warrantless arrest, was detained without probable
cause hearing, and that state court had imposed excessive bail).

3

8.

Pursuant to Grayson v. Mayview State Hospital, 293 F.3d

103, 108 (3d Cir. 2002), the Court will grant Petitioner leave
to file an amended petition to address the above pleading
deficiencies.
9.

An appropriate order follows.

Dated: January 24, 2018
At Camden, New Jersey

s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

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