Opinion
CIVIL ACTION NO. 19-4677
11-07-2019
DOREL JENKINS v. PRESIDENT DONALD J. TRUMP, U.S. ATTORNEY GENERAL WILLIAM BARR, GOV. TOM WOLF AND PA ATTORNEY GENERAL JOSH SHAPIRO
MEMORANDUM Savage, J.
Petitioner Dorel Jenkins brought this petition pursuant to 28 U.S.C. § 2241, arguing that he is a "pretrial detainee" in a pending state court case (CP-51-CR-1050-2017). Jenkins was convicted in that case on September 24, 2019, almost two weeks before he filed this habeas petition. State pretrial detainees may seek relief through a § 2241 petition. Prisoners, like Jenkins who are "in custody pursuant to the judgment of a State court", must file a petition under 28 U.S.C. § 2254.
In any event, a claim brought under either Section 2241 or 2254 must be exhausted. Moore v. DeYoung, 515 F.2d 437, 441-42 (3d Cir. 1975) (no distinction between § 2254 and § 2241 "insofar as the exhaustion requirement is concerned"). A prisoner must present his claims to a state appellate court before a federal district court may entertain a petition for habeas corpus. 28 U.S.C. § 2254(b)(1)(A); O'Sullivan v. Boerckel, 526 U.S. 838, 847 (1999); Evans v Court of Common Pleas, Del. Cnty., Pa., 959 F.2d 1227, 1230 (3d Cir. 1992). Here, it is clear that Jenkins has not presented his claims through the state appellate process.
/s/ TIMOTHY J. SAVAGE J.