Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Graham v. Moore

United States District Court, Fifth Circuit

November 26, 2013

TERRANCE GRAHAM, Petitioner,
v.
JAMES MOORE, Respondent.

MEMORANDUM OPINION

SHARION AYCOCK, District Judge.

This matter comes before the court on the pro se petition of Terrance Graham for a writ of habeas corpus under 28 U.S.C. § 2254. The State has moved to dismiss the petition for failure to state a claim upon which relief could be granted. Graham has not responded, and the deadline for response has expired. The matter is ripe for review. For the reasons set forth below, the State's motion to dismiss will be granted, and the instant petition for a writ of habeas corpus will be dismissed for failure to state a claim upon which relief could be granted.

Facts and Procedural Posture

Terrance Graham is incarcerated in the Bolivar County Correctional Facility in Cleveland, Mississippi, under the supervision of Thomas Taylor, Warden. On September 20, 2011, he was indicted for one (1) count of attempted rape in Bolivar County Circuit Court, Mississippi (Circuit Court Case No. 2011-089-CR2). The docket for the case, as provided by the Bolivar County Circuit Clerk's Office, shows an order filed on February 20, 2013, denying a motion to withdraw counsel, in which Graham attempted to dismiss his court appointed attorney without good cause. The Mississippi Supreme Court Clerk's Office does not show any filings from Graham.

On May 7, 2013, Graham filed the instant federal petition for a writ of habeas corpus in which he raises the following grounds pro se:

Ground One. They trying to charging [sic] me for something I didn't do kidnaping.
Ground Two. How can I rape somebody without the DNA test because I know I didn't rape know [sic] body.
Ground Three. How can you rape someone when I have not put my hands on that person.
Ground Four: I don't know what assault with intent to ravish means at all.
Graham's request for relief reads as follows:
I need the courts to help me get to the Mississippi State Hospital because it is court order for me to go I have been in jail for 2 years I just need my help from the state hospital think [sic] you. And my bond is 75000 dollars if you can please help me get a lower bond until I go to the hospital think [sic] you. Or throw case out.

ECF, Doc, 1, p. 8. Graham has not been convicted and sentenced; as such, he is not yet a state inmate, but a pretrial detainee, and the petition is one the court must review under 28 U.S.C. § 2241.

A pretrial detainee has a right to seek federal habeas corpus relief. Braden v. 30 Judicial Circuit Court of Kentucky, 410 U.S. 484, 488, 489, 93 S.Ct. 1123 (1973). "[F]ederal habeas corpus does not lie, absent special circumstances, ' to adjudicate the merits of an affirmative defense to a state criminal charge prior to a judgment of conviction by a state court." Id. at 489. A petitioner may not derail "a pending state proceeding by an attempt to litigate constitutional defenses prematurely in federal court." Id. at 493. In addition, there is "an important distinction between a petitioner who seeks to abort a state proceeding or to disrupt the orderly functioning of state judicial processes' by litigating a speedy trial ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.