Glenn H. Stephens, III v. Denise Dieter, Magisterial District Judge, et al.

Summary

This memorandum addresses a pro se state pretrial detainee’s applications and motions in a Section 2241 habeas action challenging his Lycoming County, Pennsylvania criminal proceedings and bail. The court grants in forma pauperis status, denies or deems withdrawn various motions, strikes the purported notice of removal, and dismisses the amended habeas petition without prejudice. The court also declines to issue a certificate of appealability and directs closure of the case.

Holdings

1. A state pretrial detainee pursuing Section 2241 habeas relief must exhaust available state-court remedies before the federal court may consider the merits of the claims.
2. Internal prison requests and prison grievances do not satisfy the state-court exhaustion requirement for a Section 2241 habeas petition.
3. Stephens did not establish extraordinary circumstances, futility, or the unavailability or ineffectiveness of state remedies sufficient to excuse exhaustion.
4. A state criminal defendant may not remove a criminal prosecution into an existing federal civil habeas action, and Stephens's purported notice of removal was improper and ineffective.
5. Stephens's motion for summary judgment was properly denied because such a motion was unnecessary and premature before respondents were directed to respond to the habeas petition.
6. No certificate of appealability should issue because reasonable jurists would not debate the procedural dismissal for failure to exhaust or the absence of extraordinary circumstances.

Questions Presented

1. Whether Stephens was entitled to proceed in forma pauperis.
2. Whether Stephens's Section 2241 petition should be dismissed because he had not exhausted available state-court remedies.
3. Whether extraordinary circumstances permitted federal pretrial habeas intervention despite the absence of exhaustion.
4. Whether Stephens could remove his pending state criminal prosecution into an existing federal Section 2241 civil action.
5. Whether Stephens's motions for preliminary injunctive relief, mandamus relief, a stay, expedited mediation, and summary judgment should be granted.
6. Whether a certificate of appealability should issue.

Disposition

dismissed