ODOM v. DONAHUE et al
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
OFFICER EUGENE DONAHUE,
PHILADELPHIA POLICE DEPT., et al.:
Plaintiff, Rafort Odom, a prisoner, has filed a pro se
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
For the following reasons, his complaint and amended
complaint will be dismissed pursuant to 28 U.S.C.
Plaintiff's complaint deals with his arrest and
imprisonment, and his criminal proceedings.
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.
Younger v. Harris, 401 U.S. 37, 53-
None of the facts alleged by Mr. Odom meet these
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).
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