HOUSER v. ATTORNEY GENERAL OF THE STATE OF NEW JERSEY et al

Filing 8

MEMORANDUM OPINION. Signed by Judge Claire C. Cecchi on 2/2/2017. (JB, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
BRANDON HOUSER,
Civil Action No. 16-8509 (CCC)

Petitioner,
v.

:

MEMORANDUM OPINION

ATTORNEY GENERAL OF THE STATE
OF NEW JERSEY, et al.,
Respondents.
This matter comes before the Court on a Petition for Writ of Habeas Corpus filed pursuant
to 28 U.S.C.

§ 2254 by Petitioner Brandon Houser. Because Petitioner admits that he is a pretrial

detainee, not a convicted prisoner, the Court construes the Petition as filed under 2$ U.S.C.

§ 2241.

(ECF No. 6-1 at 2.)’ The Court has screened the Petition for summary dismissal pursuant to Rule
4 of the Rules Governing Section 2254 Cases in the United States District Courts, applicable to

§ 2241 cases through Rule 1(b). It appearing:
1. Petitioner raises a litany of claims in the Petition, asserting that he was arrested and
searched without probable cause, there was insufficient evidence to sustain the indictment, and
that his public defender rendered ineffective assistance of counsel. (See ECF No. 6-1 at 2.) It is
clear from the Petition that the state court criminal proceedings are ongoing. (See ECF No. 1-1 at
4.) Petitioner seeks to have this Court order him released, and to enjoin the State from further
prosecution. (ECF No. 6-1 at 8.)

‘Petitioner filed an Amended Petition after the case was filed, (ECF No. 6), and subsequently filed
a letter requesting to further amend the Petition, (ECF No. 7). For the purposes of this screening
the Court has considered all three filings.

2. However, “federal habeas corpus does not lie, absent ‘special circumstances,’ to adjudicate
the merits of an affirmative defense to a state criminal charge prior to a judgment of conviction by
a state court.” Evans v. Ct. of Common Pleas, Del. Cty, Pa., 959 F.2d 1227, 1234 (3d Cir. 1992)
(quoting Braden v. 30th Judicial Cir. Ct. ofKy., 410 U.S. 484, 489 (1973)). “The rule barring
pretrial intervention into pending state criminal proceedings by way of federal habeas corpus or
otherwise is premised on the notion of comity, a principle of deference and ‘proper respect’ for
state governmental functions in our federal system.” Id. (citing Younger v. Harris, 401 U.S. 37,
44 (1971)). “[I]n view of the fundamental policy against federal interference with state criminal
prosecutions, even irreparable injury is insufficient unless it is ‘both great and immediate.”
Younger, 401 U.S. at 46.

“Certain types of injury, in particular, the cost, anxiety, and

inconvenience of having to defend against a single criminal prosecution, could not by themselves
be considered ‘irreparable’ in the special legal sense of that term. Instead, the threat to the
plaintiffs federally protected rights must be one that cannot be eliminated by his defense against
a single criminal prosecution.” Id. “{A]bsent a showing of bad faith or an intent to harass, federal
courts should decline requests to enjoin state criminal prosecutions, ‘particularly.

.

.

when the

moving party has an adequate remedy’ in state court.” Gonzalez v. Waterfront Comm ‘n ofN.Y.
Harbor, 755 F.3d 176, 180 (3d Cir. 2014) (quoting Younger, 401 U.S. at 43).
3. Here, Petitioner makes no showing that he lacks adequate remedy in state court. Indeed,
all of the asserted claims can be raised in state court. If Petitioner does not believe that his public
defender is providing constitutionally required effective assistance, he can petition the state court
to assign him a different counsel.

Without more, the Court must decline jurisdiction over

Petitioner’s habeas claims pursuant to Braden and Younger, and the claims are dismissed without
prejudice. See Duran v. Thomas, 393 F. App’x 3, 4 (3d Cir. 2010) (per curiam) (affirming

2

dismissal of

§

2241 petition by a pretrial detainee because his “habeas corpus petition does not

present any extraordinary circumstances and is an attempt to litigate constitutional defenses
prematurely in federal court”).

Claire C. Cecchi
United States District Judge
Date:

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