Opinion
Civil Action No. 3:08cv247.
September 5, 2008
MEMORANDUM OPINION
Petitioner, a federal prisoner proceeding pro se, submitted the current petition for a writ of habeas corpus under 28 U.S.C. § 2241 while he was detained pursuant to a criminal complaint on the charge of possession with intent to distribute fifty (50) grams or more of crack in violation of 21 U.S.C. § 841(a)(1). United States v. LeSane, 3:08cr185 (E.D. Va.) (hereinafter "U.S. v. LeSane"). In the present petition for a writ of habeas corpus, Petitioner asserts that his rights were violated because he was not indicted in a timely manner. Petitioner unsuccessfully litigated a nearly identical challenge in U.S. v. LeSane. Therefore, by Memorandum Order entered on August 5, 2008, the Court directed Petitioner to show cause why the petition for a writ of habeas corpus should not be dismissed
On July 16, 2008, the Court accepted LeSane's guilty plea in U.S. v. LeSane.
To be eligible for habeas corpus relief under 28 U.S.C. § 2241, a federal pretrial detainee must first exhaust other available remedies. See, e.g., Jones v. Perkins, 245 U.S. 390, 391-92 (1918) ("It is well settled that in the absence of exceptional circumstances in criminal cases the regular judicial procedure should be followed and habeas corpus should not be granted in advance of a trial."). "[W]here habeas claims raised by a pretrial detainee would be dispositive of the pending federal criminal charges, principles of federal court efficiency require that the petitioner exhaust those claims by presenting them at trial and then on direct appeal." Moore v. United States, 875 F.2d 620, 624 (D. Neb. 1994); accord Kotmair v. United States, 143 F. Supp. 2d 532, 534 (E.D.N.C. 2001); cf. Fasslerv. United States, 858 F.2d 1016, 1018-19 (5th Cir. 1988) (holding defendants cannot use § 2241 to challenge pretrial detention orders that can be challenged under 18 U.S.C. § 3145). Because Petitioner has not pursued any appeal concerning his speedy trial challenges, he is precluded from litigating them in his present petition for a writ of habeas corpus. Accordingly, the petition for a writ of habeas corpus will be DENIED and the action will be DISMISSED WITHOUT PREJUDICE.
An appropriate Order shall issue.