Grogan v. Bobby

Filing 4

Memorandum Opinion and Order. The 1 Petition for Writ of Habeas Corpus (2241) is denied and this action is dismissed pursuant to 28 U.S.C. § 2243. Further, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal from this decision may not be taken in good faith. IT IS SO ORDERED. Judge Donald C. Nugent on 5/10/2022. (M,S)

Case: 5:22-cv-00274-DCN Doc #: 4 Filed: 05/10/22 1 of 5. PageID #: 54

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

JUAN ROMERO GROGAN,JR.,

CASE NO. 5:22 CV 274

Petitioner,
JUDGE DONALD C. NUGENT

V.

WARDEN DAVID BOBBY,
MEMORANDUM OPINION

Respondent.

AND ORDER

Pro se petitioner Juan Romero Grogan, Jr. has filed a Petition for a Writ of Habeas

Corpus pursuant to 28 U.S.C. § 2241 (Doc. No. 1). At the time offiling. Petitioner was a federal

pretrial detainee held in the Northeast Ohio Correctional Center in Yoimgstown, Ohio, awaiting
trial on criminal charges pending in this district court. A review ofthe docket however reveals

that on April 1,2022, Petitioner was convicted of possession with intent to distribute and to

distribute fentanyl, possession of a firearm in furtherance ofa drug trafficking crime, and felon in
possession of a firearm, and he is currently awaiting sentencing. See U.S.A. v. Grogan, Case No.
5:21 CR 85(N.D. Ohio)(Doc. Nos. 68,69).

In this petition, it appears that Petitioner alleges his arrest in the federal criminal case was
based upon a state arrest warrant that was "expunged," and therefore, the federal arrest warrant
was invalid.(Id. at 6). Petitioner asserts three groimds for relief, all of which concem the

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sufficiency ofthe search and arrest warrants, unlawful restraint, and the seizure ofPetitioner's
property.(Doc. No. 1). He is seeking immediate release, the "federal prosecution to be found
moot and to be excluded as a collateral consequence for subject matterjurisdiction," and a
hearing to develop the record and provide additional evidence. {Id. at 7).
\

Writs of habeas corpus"may be granted by the Supreme Court, any justice thereof,the
district courts and any circuitjudge within their respective jurisdictions." 28 U.S.C. § 2241(a).
Section 2241 "is an affirmative grant of power to federal courts to issue writs of habeas corpus to

prisoners being held 'in violation ofthe Constitution or laws or treaties ofthe United States.'"
Rice V. White,660 F.3d 242,249(6th Cir. 2011)(quoting Section 2241(c)). Because Petitioner is

appearing pro se, the allegations in his petition must be construed in his favor, and his pleadings
are held to a less stringent standard than those prepared by counsel. Urbina v. Thorns,270 F.3d

292,295 (6th Cir. 2001). The Court may, however, dismiss the petition at any time, or make any

such disposition as law and justice require, if it determines the petition fails to establish adequate
grounds for relief. Hilton v. BraunsJdll,481 U.S. 770,775,107 S. Ct. 2113,95 L. Ed. 2d 724
(1987);see also Allen v. Perini,424 F.2d 134,141 (6th Cir. 1970)(holding district courts have a
duty to "screen out" petitions lacking merit on their face under Section 2243).
To the extent Petitioner is challenging the circumstances surroimding his arrest and the

seizure of his property as a federal pretrial detainee, this claim must fail. To be eligible for
habeas corpus relief under § 2241 as a federal pretrial detainee. Petitioner is required to first
exhaust available remedies. See, e.g., Jones v. Perkins, 245 U.S. 390, 391-92,38 S. Ct. 166,62

L. Ed. 358(1918)("It is well settled that in the absence ofexceptional circumstances in criminal
cases the regular judicial procedure should be followed and habeas corpus should not be granted

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in advance of a trial.");

United States, 199 U.S. 547,550-51,26 S. Ct. 147,50 L. Ed.

303(1905)(vacating order granting habeas relief when pretrial detainees filed habeas petitions
before "invok[ing] the action ofthe Circuit Court upon the sufficiency ofthe indictment by a

motion to quash or otherwise"); Fassler v. United States, 858 F.2d 1016,1018-19(5th Cir. 1988)

(per curiam)(stating that Defendants carmot use § 2241 to challenge pretrial detention orders that
can be challenged under 18 U.S.C. § 3145); United States v. Pipito, 861 F.2d 1006, 1009(7th
Cir. 1987)(same).

Here, Petitioner indicates in his petition that he did not appeal the alleged unlawftil
restraint because "no appeal process has been available."(Doc. No. 1 at 2). Petitioner had
therefore not exhausted his remedies.

Moreover, even ifPetitioner had exhausted his remedies, the nature of his claims still

precludes this Court's review. Just as where the Court should abstain when a state pretrial
detainee raises habeas claims that would be dispositive ofthe underlying criminal charges,

federal court efficiency and administration principles dictate that this Court decline to review
claims that would dispose of an underlying pending federal criminal action until the petitioner
has exhausted the claims at his upcoming criminal trial. Braden v. 30th Judicial Circuit Court,
410 U.S. 484,489,93 S. Ct. 1123, 35 L. Ed. 2d 443(1973); Dickerson v. Louisiana, 816 F.2d

220,225-26(5th Cir. 1987). In this case. Petitioner seeks invalidation of his arrest warrant and
dismissal ofthe charges. Such claims,if successful, would obviously dispose ofthe underlying
federal criminal charges. This Court must therefore abstain firom review.
To the extent Petitioner has been convicted and he is challenging his conviction, such

claims must be asserted under §2255, or on direct appeal. See Capaldi v. Pontesso, 135 F.3d

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1122,1123 (6th Cir. 2003)(a federal prisoner must challenge the legality of his conviction or
sentence by filing a post-conviction motion under 28 U.S.C. § 2255 with the trial court). A

habeas corpus petition under § 2241 may be used by a federal prisoner only to challenge the
manner in which his sentence is being carried out, such as the computation ofsentence credits or

parole eligibility. United States v. Jalili, 925 F.2d 889,894(6th Cir. 1999). The remedy afforded
under § 2241 is not an additional, alternative, or supplemental remedy to that prescribed under §
2255. See Bradshaw v. Story, 86 F.3d 164,166(10th Cir. 1996).

Under highly exceptional circumstances, a prisoner may challenge the legality of his
conviction under § 2241,instead of under § 2255,if he is able to establish that his remedy under
§ 2255 is "inadequate or ineffective" to test the legality of his detention. 28 U.S.C. § 2255(e);

Truss V. Davis, 115 F. App'x 772,773-74(6th Cir. 2004). A petitioner may take advantage ofthis
"savings clause" only when, after his conviction has become final, the Supreme Court

re-interprets the terms ofthe statute imder which the petitioner was convicted in a manner that
establishes that his conduct did not violate the statute. Wooten v. Cauley,611 F.3d 303, 307-08

(6th Cir. 2012); Martin v. Perez, 319 F.3d 799,804(6th Cir. 2003)("A prisoner who can show

an intervening change in the law establishes his actual innocence can invoke the savings clause

of§ 2255 and proceed under § 2241"). This exception does not apply where the petitioner failed
to seize an earlier opportunity to correct a fundamental defect in his conviction under

pre-existing law, whether by direct appeal or by motion under § 2255, or where he did assert his
claim in an earlier motion vmder § 2255 and was denied relief. Charles v. Chandler, 180 F.3d
753,756(6th Cir. 1999). Petitioner has not demonstrated any such exceptional circumstances
exist here.

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Accordingly, the Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 is
denied and this action is dismissed pursuant to 28 U.S.C. § 2243. Further, the Court certifies
pursuant to 28 U.S.C. § 1915(a)(3)that an appeal from this decision may not be taken in good
faith.
IT IS SO ORDERED.

DONALD C. NUGE;

United States District Judge
DATED:

0,

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