Opinion

BROWN v. FARRELL

Court
District Court, E.D. Pennsylvania
Filed
Dec 21, 2022
Cited by
0 cases
Authority
More cited than 28.9%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

NASIR BROWN :

:

v. : CIVIL ACTION NO. 22-2453

:

MICHELLE FARRELL, et al. :

ORDER

This 20th day of December, 2022, it is hereby ORDERED that:

1. The Report and Recommendation is APPROVED AND ADOPTED;1

2. The Petition for a Writ of Habeas Corpus is DISMISSED, without prejudice, for failure

to exhaust state court remedies; and

3. Petitioner has neither shown denial of a federal constitutional right, nor established that

reasonable jurists would disagree with this court’s procedural disposition of his claims. A

certificate of appealability is therefore DENIED.

/s/ Gerald Austin McHugh

United States District Judge

1 I separately note that Petitioner brings his Petition pursuant to 28 U.S.C. § 2241. § 2241 does explicitly

address exhaustion. But “‘an exhaustion requirement has developed through decisional law, applying

principles of federalism,’ and if a petitioner has not availed himself of state court remedies, the federal court

must not exercise jurisdiction at the pre-trial stage absent ‘extraordinary circumstances.’” Sleets v.

Pennsylvania, No. CV 16-930, 2017 WL 8683557, at *5 (E.D. Pa. Dec. 21, 2017), report and

recommendation adopted, No. CV 16-930, 2018 WL 1570814 (E.D. Pa. Mar. 29, 2018) (quoting Moore v.

DeYoung, 515 F.2d 437, 442-43 (3d Cir. 1975). In Moore, the Third Circuit explicitly stated that “although

there is a distinction in the statutory language of §§ 2254 and 2241, there is no distinction insofar as the

exhaustion requirement is concerned.” 515 F.2d at 442. There are no extraordinary circumstance here to

excuse Petitioner from the exhaustion requirement.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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