Jason Loyd Ross v. Barbara Von Blanckensee
Opinion
Trial Court Opinion
DISCUSSION
Rule 1(b) of the Rules Governing Section 2254 Cases in the United States District Courts, 28 U.S.C. foll. § 2254 (“Habeas Rules”), permits this Court to “apply any or all of these rules” to any habeas petition, even if the petition is not filed pursuant to Section 2254. Rule 4 of the Habeas Rules requires a district court to dismiss a petition, without ordering a responsive pleading, when “it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief.” Habeas Rule 4. The Petition raises significant screening concerns regarding whether Petitioner exhausted available state remedies, whether he complied with the procedural requirements of the Interstate Agreement on Detainers Act (“IAD”), and whether this Court has jurisdiction over the Bureau of Prison’s (“BOP”) determinations concerning Petitioner’s participation in rehabilitative programs and placement in a halfway house. First, although there is no exhaustion requirement for a petition brought under 28 U.S.C. § 2241(c)(3), principles of federalism and comity require that a district court abstain until all state criminal proceedings are