Reiss v. Sandage
| Jordan Douglas Reiss |
| J Sandage |
| 1:2021cv01003 |
| January 4, 2021 |
| US District Court for the Central District of Illinois |
| Michael M Mihm |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
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| Document Text |
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| Filing 6 JUDGMENT IN A CIVIL CASE. (JS, ilcd) |
TEXT ORDER Entered by Judge Michael M. Mihm on 2/18/2021. DISMISSING Petitioner's #1 Petition for a Writ of Habeas Corpus Under 28 U.S.C. 2241. Petitioner is a pretrial detainee at the McLean County Detention Center in Bloomington, Illinois, seeking release due the conditions of his confinement because of the coronavirus. (Doc. #1 ). The habeas statute generally requires a state prisoner to exhaust state remedies before filing a habeas petition in federal court. See 28 U.S.C. 2254(b)(1), (c). "This rule of comity reduces friction between the state and federal court systems by avoiding the 'unseem[liness]' of a federal district court's overturning a state-court [order] without the state courts having had an opportunity to correct the constitutional violation in the first instance." O'Sullivan v. Boerckel, 526 U.S. 838, 845, 119 S.Ct. 1728, 144 L.Ed.2d 1 (1999). In habeas, state-court remedies are described as having been "exhausted" when they are no longer available. See Gray v. Netherland, 518 U.S. 152, 161, 116 S.Ct. 2074, 135 L.Ed.2d 457 (1996). Although there are exceptions to the exhaustion requirement, the "hurdle is high." Richmond v. Scibana, 387 F.2d 602, 604 (7th Cir. 2004). Here, Petitioner has failed to seek relief from the state, claiming it would be "futile." However, it is undisputed that a state court has the authority to release a pretrial detainee or transfer a detainee to a different facility depending on the circumstances and is in the best position to evaluate and address Petitioner's concerns about the coronavirus. As a result, Petitioner's #1 Petition for a Writ of Habeas Corpus is DISMISSED without prejudice due to Petitioner's failure to exhaust administrative remedies. The Clerk is directed to close this case. Entered by Judge Michael M. Mihm on 2/18/21. (JS, ilcd)
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| Filing 5 Exhibit re #1 PETITION for Writ of Habeas Corpus by Jordan Douglas Reiss. (JS, ilcd) |
| Filing 4 Exhibit re #1 PETITION for Writ of Habeas Corpus by Jordan Douglas Reiss. (JS, ilcd) |
| Filing 3 Exhibit re #1 PETITION for Writ of Habeas Corpus by Jordan Douglas Reiss. (JS, ilcd) |
| Filing fee: $5.00 received; receipt number 24626009775. (DS, ilcd) |
| Filing 2 Letter from Petitioner Jordan D Reiss regarding filing fee. (JS, ilcd) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Jordan Douglas Reiss. (Attachments: #1 Envelope)(JS, ilcd) |
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| Respondent: J Sandage | |
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