Sean A. Fairweather v. Bainbridge, et al.

Summary

The United States District Court for the Middle District of Pennsylvania dismissed Sean A. Fairweather’s 28 U.S.C. § 2254 habeas petition without prejudice because his state court appeal remained pending and his claims were therefore unexhausted. The court denied Fairweather’s motions for default judgment, summary judgment, and injunctive relief as moot, and declined to issue a certificate of appealability.

Holdings

1. The petition had to be dismissed without prejudice because Fairweather had not exhausted available state-court remedies and his state criminal appeal remained pending.
2. The motions for default judgment, summary judgment, and injunctive relief were denied as moot because the habeas petition was dismissed without prejudice.
3. No certificate of appealability would issue because reasonable jurists would not find the procedural disposition debatable.

Questions Presented

1. Whether the § 2254 petition should be dismissed without prejudice because Fairweather had not exhausted available state-court remedies while his state appeal remained pending.
2. Whether Fairweather's motions for default judgment, summary judgment, and injunctive relief should be denied as moot after dismissal of the habeas petition.
3. Whether a certificate of appealability should issue.

Disposition

dismissed