Free Memorandum and Order - District Court of Delaware - Delaware

Case 1:07-cv-00767-JJF D0cument4 Filed 12/11/2007 Page1 0f4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RONALD G. JOHNSON, :
Petitioner, i
v. ; Civ. Act. No. 07-767-JJF
RAPHAEL WILLIAMS, Warden, and 2
ATTORNEY GENERAL OF THE STATE :
OF DELAWARE, :
Respondents. i
MEMORANDUM ORDER
I. BACKGROUND `
Petitioner Ronald G. Johnson (“Petitioner”) is incarcerated
at the Howard R. Young Correctional Institution in Wilmington,
Delaware. He filed an Application For A Writ Of Habeas Corpus
Pursuant To 28 U.S.C. § 224l (“Petition”) on November 26, 2007.
(D.I. l.) Petitioner avers that he was arrested and arraigned in
the Justice of the Peace Court on November 7, 2007. He also
states that Delaware Court of Common Pleas conducted a
preliminary hearing on November 14, 2007 and on November 20,
2007, and that he requested, but never received, a police report
and affidavit from the arresting officer. According to
Petitioner, his trial is scheduled to begin on January 2, 2008,
and he is being held “for lack of bail.” (D.I. l.)
Although difficult to decipher, Petitioner appears to argue
that he has been denied his “Constitutional Right to Discovery

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lnformation,” thereby rendering his present pre-trial
incarceration unconstitutional. (D.I. l at p. 2.) He asks the
Court to immediately release him from custody. ld;
II. DISCUSSION
Pursuant to Rule 4, 28 U.S.C. foll. 28 U.S.C. § 2254, a
federal district court may summarily dismiss a habeas petition
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 turn, a federal district court can only entertain a I
habeas petition in behalf of a person in custody pursuant to the
judgment of a State court, and a petitioner is not entitled to
federal habeas relief unless he has exhausted state remedies for
his habeas claims. 28 U.S.C. § 2254(a) and (b)(l)(A); 5;; ;l;;
Rule l, 2, 28 U.S.C. foll. § 2254. Although a state prisoner can
challenge his pre—trial custody on speedy trial grounds pursuant
to 28 U.S.C. § 224l, a federal court cannot provide habeas review
for pre—trial claims if the petitioner is trying to abort his
state criminal proceeding because such adjudication would
constitute premature litigation of constitutional defenses in
federal court. 8;; 28 U.S.C. § 2254(b); Moore v. DeYoung, 5l5
F.2d 437, 44l—42 (3d Cir. l975); Braden v. 30* Judicial Circuit
Court of Kentucky, 4l0 U.S. 484, 493 (l973)(noting that habeas
corpus review is not available to adjudicate the merits of an
affirmative defense to a state criminal charge prior to a state
2

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court conviction, but that, in special circumstances, habeas
corpus is the appropriate vehicle by which to demand enforcement
of a state’s constitutional obligation to provide a speedy
trial).
It is clear from the face of the pending Petition that
Petitioner is not in custody pursuant to state court judgment
because he has not yet undergone his state criminal trial.
Additionally, the Court concludes that Petitioner is attempting
to abort a state criminal proceeding because he requests
immediate release rather than a speedy trial. Petitioner’s brief
filing does not demonstrate extraordinary circumstances
justifying the Court’s interference with a pending state court
proceeding without having first exhausted state remedies. Mggre,
515 F.2d at 443. Accordingly, the Court will summarily dismiss
Petitioner's § 2241 petition.
III. CONCLUSION
For the reasons set forth above, IT IS HEREBY ORDERED that:
1. Petitioner Ronald G. Johnson’s Petition For The Writ Of
Habeas Corpus, filed pursuant to 28 U.S.C § 2241, is DISMISSED.
(D.I. l.)
2. The Court declines to issue a Certificate of
3

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Appealabillty. See 28 U.S.C. § 2253(c)(2); United States v.
Eyer, 113 F.3d 470 (3d Cir. 1997); 3rd Cir. Local Appellate Rule
22.2 (ZOOO).
. (1 .
\7~ lmfef? X ,
DA E U§l ED 1T§T S DISTRICT UDGE
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