GUTHRIE v. BLEVINS et al
| ERIC WADE GUTHRIE |
| WASHINGTON COUNTY PUBLIC DEFENDERS OFFICE, BRENT MILLER and ALICE BLEVINS |
| 1:2020cv01765 |
| June 30, 2020 |
| US District Court for the Southern District of Indiana |
| Sarah Evans Barker |
| Debra McVicker Lynch |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
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Filing 6
CLOSED JUDGMENT - For the reasons detailed in the accompanying Order, the Court now enters FINAL JUDGMENT in this action. The action is dismissed without prejudice. Signed by Judge Sarah Evans Barker on 8/24/2020. Copy Mailed to Petitioner via U.S. Mail. (JD)
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Filing 5
ORDER DISMISSING PETITION AND DIRECTING ENTRY OF FINAL JUDGMENT - The petitioner was given through August 3, 2020, in which to respond to the order to show cause. That deadline has passed without response from the petitioner. Because it is clear from the petition that the petitioner has not exhausted his state court remedies, the petition is dismissed without prejudice which means that the petitioner may refile his petition after exhausting his state court remedies. Judgment consistent with this Order shall now issue. Signed by Judge Sarah Evans Barker on 8/24/2020. Copy to Petitioner via U.S. Mail. (JD)
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Filing 4
Order to Show Cause - Petitioner Eric Wade Guthrie is a pretrial detainee presently confined at the Washington County Detention Center in Salem, Indiana. He filed his petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241. Mr. Guthrie argues that his current incarceration violates Indiana Criminal Rule 4(a), but that he failed to object in a timely manner because his attorney did not inform him of how and when to do so. He seeks release from custody and money damages from his attorney. Criminal defendants incarcerated by a state awaiting trial may seek a writ of habeas corpus from federal courts in limited circumstances. 28 U.S.C. 2241(c)(3); Walker v. O'Brien, 216 F.3d 626, 633 (7th Cir. 2000); see also Jackson v. Clements, 796 F.3d 841, 843 (7th Cir. 2015) ("The appropriate vehicle for a state pre-trial detainee to challenge his detention is 2241."). In general, however, federal courts must abstain from interfering in state court criminal proceedings as long as the state court provides an adequate opportunity to raise the federal claims and "no exceptional circumstances exist that would make abstention inappropriate." Stroman Realty, Inc. v. Martinez, 505 F.3d 658, 662 (7th Cir. 2007) (citing Younger v. Harris, 401 U.S. 37, 43 (1971)). Relief for state pretrial detainees through a federal petition for a writ of habeas corpus is generally limited to speedy trial and double jeopardy claims, and only after the petitioner has exhausted state-court remedies. Braden v. 30th Judicial Circuit Court of Ky., 410 U.S. 484, 489-92 (1973); Younger, 401 U.S. at 49; Stroman Realty, Inc., 505 F.3d at 662. Mr. Guthrie's speedy trial claim is based on Indiana Rules of Criminal Procedure. The facts provided in the petition demonstrate that Mr. Guthrie has not exhausted this claim in state court. Therefore, Mr. Guthrie has through August 3, 2020, to show cause why this Court should not abstain from interfering with the ongoing state criminal proceedings. Mr. Guthrie's motion for leave to proceed in forma pauperis, dkt. #2 , is denied as presented. The motion contains the name of a minor child who, under Federal Rule of Civil Procedure 5.2(a), should have been identified only by their initials. The clerk is directed to seal this motion, dkt. #2 . Mr. Guthrie shall have through August 3, 2020, to renew his motion for leave to proceed in forma pauperis. If he opts to renew his motion, he must (a) identify any minor dependents only by their initials. (Cop to Petitioner via U.S. mail) Signed by Judge James R. Sweeney II on 7/6/2020. (JDC)
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| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Petitioner ERIC WADE GUTHRIE. (Attachments: #1 Cover Letter, #2 Envelope)(REO) Modified on 7/6/2020 (JDC). |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by ERIC WADE GUTHRIE. (No fee paid with this filing) (Attachments: #1 Exhibit - State Court documents, #2 Cover Letter, #3 Envelope)(REO) |
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