ODOM v. DONAHUE et al

Filing 7

MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/11/13. 2/11/13 ENTERED AND COPIES MAILED TO PRO SE PETITIONER. (jpd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CIVIL ACTION

RAFORT ODOM
v.

OFFICER EUGENE DONAHUE,
PHILADELPHIA POLICE DEPT., et al.:

NO. 12-6838

MEMORANDUM
FEBRUARY

PRATTER, J.

1

2013

Plaintiff, Rafort Odom, a prisoner, has filed a pro se
42 U.S.C.

§

1983 civil rights complaint and an amended complaint

against a Philadelphia Police Officer, the First Judicial
District of the Commonwealth of Pennsylvania and a private
citizen.

For the following reasons, his complaint and amended

complaint will be dismissed pursuant to 28 U.S.C.

1915(e).

§

Plaintiff's complaint deals with his arrest and
imprisonment, and his criminal proceedings.

Because

plaintiff's criminal case is ongoing, this Court, in deference to
the principles of comity and federalism, will not interfere in
the state criminal process absent a showing of irreparable
injury, a flagrant and patent violation of an express
constitutional prohibition, or other extraordinary circumstances
warranting equitable relief.
54 (1971).

Younger v. Harris, 401 U.S. 37, 53-

None of the facts alleged by Mr. Odom meet these

threshold requirements.
Furthermore, it appears that Mr. Odom is seeking
release from incarceration.

Such a request may only be brought

in a petition for a writ of habeas corpus, not a
Preiser v. Rodriquez, 411 U.S. 475 (1973).

§

1983 action.