United States District Court, W.D. Louisiana, Alexandria Division
REPORT AND RECOMMENDATION
H.L. PEREZ-MONTES UNITED STATES MAGISTRATE JUDGE.
the Court is a Petition for Writ of Habeas Corpus under 28
U.S.C. § 2241 filed by pro se Petitioner
Deontay Deshun Hardy. (Doc. 1). Hardy is an inmate at the
Natchitoches Parish Detention Center. Hardy claims that his
probation was wrongfully revoked, and that the charges
currently pending against him should be dismissed.
Hardy's challenge to his sentence must be brought under
§ 2254, and Hardy's challenge to his ongoing
criminal proceeding must be exhausted, Hardy's Petition
(Doc. 1) should be DISMISSED.
was convicted of attempted armed robbery in 2015 and
sentenced to 10 years at hard labor. (Doc. 1-2, p. 5). The
sentence was suspended, and Hardy was placed on probation for
a term of five years. (Doc. 1-2, p. 5).
3, 2015, Hardy was arrested for armed robbery and resisting
an officer. (Doc. 1-2, p. 5). According to Hardy, the charges
remain pending. (Docs. 1, 5).
of the new arrest, Hardy's probation was revoked by the
district judge at a hearing on August 23, 2016. Hardy was
ordered to serve the original 10-year sentence with credit
for time served. (Doc. 1-2, p. 15).
alleges that his probation was wrongfully revoked, and that
officers lacked probable cause to arrest him in 2016. (Doc.
5, p. 2).
Law and Analysis
Hardy's claim regarding the imposition of his
suspended sentence must be raised in a § 2254
claim regarding the imposition of the suspended sentence must
be raised in a petition under 28 U.S.C. § 2254, which
applies to prisoners who are “in custody pursuant to
the judgment of a State court” challenging their
conviction or sentence. 28 U.S.C. § 2254; see also
Story v. Collins, 920 F.2d 1247, 1250 (5th Cir. 1991)
(§ 2254 specifically confers jurisdiction on the federal
courts to consider collateral attacks on state court
judgments). Because Hardy's claim alleging the wrongful
revocation of his probation pertains to his original
conviction, the claim arises under § 2254. Hardy cannot
obtain relief through this § 2241 Petition.
Hardy has not exhausted his claims regarding the pending
charges, and the Court should abstain from interfering in the
pretrial detainee may challenge the power and authority of
the state to bring him to trial and the constitutionality or
lawfulness of his present confinement by filing a petition
for writ of habeas corpus pursuant to § 2241. See
Dickerson v. Louisiana, 816 F.2d 220, 224 (5th Cir.
1987) (pre-trial petitions are properly brought under §
2241). Pretrial federal habeas corpus petitions are
discouraged under the doctrine of abstention announced in