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Hardy v. 10Th Judicial District Court

United States District Court, W.D. Louisiana, Alexandria Division

September 25, 2019

DEONTAY DESHUN HARDY, Petitioner
v.
10TH JUDICIAL DISTRICT COURT, Respondent

          DRELL JUDGE

          REPORT AND RECOMMENDATION

          JOSEPH H.L. PEREZ-MONTES UNITED STATES MAGISTRATE JUDGE.

         Before 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.

         Because 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.

         I. Background

         Hardy 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).

         On May 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).

         Because of the new arrest, Hardy's probation was revoked by the district judge at a hearing on August 23, 2016.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).

         Hardy alleges that his probation was wrongfully revoked, and that officers lacked probable cause to arrest him in 2016. (Doc. 5, p. 2).

         II. Law and Analysis

         A. Hardy's claim regarding the imposition of his suspended sentence must be raised in a § 2254 petition.

         Hardy's 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.

         B. Hardy has not exhausted his claims regarding the pending charges, and the Court should abstain from interfering in the state proceeding.

         A state 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 Younger ...


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