Pinnock v. U.S.

Full title: SHERWIN PINNOCK, Petitioner, v. UNITED STATES OF AMERICA, Respondent

Court: United States District Court, W.D. Pennsylvania

Date published: Aug 31, 2009

Civil Action No. 09-997 (W.D. Pa. Aug. 31, 2009)

Opinion

Civil Action No. 09-997.

August 31, 2009

MEMORANDUM ORDER

DONETTA AMBROSE, District Judge

AND NOW, this 31^st day of August, 2009,

IT IS HEREBY ORDERED that Sherwin Pinnock's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2241 is DISMISSED WITHOUT PREJUDICE. The instant Petition is premature in light of Pinnock's currently pending direct appeal from the imposition of sentence. See, Johnson v. United States, No. 07-4706, slip op. at 3-4 (3d Cir. Feb. 21, 2008) (Section 2241 habeas petition premature in light of petitioner's ability to raise claims on direct appeal and in Section 2255 petition).