DARK, JR. v. DEMORE

W.D. Pennsylvania

DARK, JR. v. DEMORE

DecidedAugust 23, 2023

Docket2:23-cv-01467

StatusUnknown

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DARK, JR. v. DEMORE, (W.D. Pa. 2023).

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

WILLIAM LACELL DARK, JR., ) ) Petitioner, ) Civil Action No. 23-1467 ) v. ) Judge Cathy Bissoon ) Magistrate Judge Maureen P. Kelly WARDEN JOE DEMORE, ) ) Respondent. )

ORDER OF DISMISSAL William Lacell Dark, Jr., has filed a pro se Petition under 28 U.S.C. § 2241, purporting to challenge his pretrial detention in Criminal Action Number 21-413 (W.D. Pa., Bissoon, D.J., presiding). See Doc. 1. As the Court of Appeals for the Third Circuit has made clear, Section 2241 is not the proper vehicle. Reese v. Warden Phila. FDC, 904 F.3d 244, 247 (3d Cir. 2018) (citation omitted). Rather, the Bail Reform Act provides a comprehensive scheme governing pretrial-release decisions. Id. This deficiency warrants a sua sponte dismissal. LeBron v. Ebbert, 2015 WL 4545169, *3 (M.D. Pa. Jul. 27, 2015) (collecting cases holding that petitioner’s failure to exhaust remedies under § 2241 justifies sua sponte dismissal); accord, e.g., Whitmer v. Levi, 276 Fed. Appx. 217, 219, 2008 WL 1849803, *1 and n.1 (3d Cir. Apr. 28, 2008) (affirming district court’s case- closure based on grounds recited above, and indicating that, although the closure was without prejudice, “it [was] unlikely that [the] case [properly could] be resurrected”). Consistent with the forgoing, William Lacell Dark, Jr.’s Petition under 28 U.S.C. § 2241 (Doc. 1) hereby is DISMISSED. IT IS SO ORDERED.

August 23, 2023 s\Cathy Bissoon Cathy Bissoon United States District Judge

cc (via First-Class U.S. Mail):

William Lacell Dark, Jr. 42512 Butler County Prison 202 S. Washington Street Butler, PA 16001

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

WILLIAM LACELL DARK, JR., ) ) Petitioner, ) Civil Action No. 23-1467 ) v. ) Judge Cathy Bissoon ) Magistrate Judge Maureen P. Kelly WARDEN JOE DEMORE, ) ) Respondent. )

ORDER OF DISMISSAL William Lacell Dark, Jr., has filed a pro se Petition under 28 U.S.C. § 2241, purporting to challenge his pretrial detention in Criminal Action Number 21-413 (W.D. Pa., Bissoon, D.J., presiding). See Doc. 1. As the Court of Appeals for the Third Circuit has made clear, Section 2241 is not the proper vehicle. Reese v. Warden Phila. FDC, 904 F.3d 244, 247 (3d Cir. 2018) (citation omitted). Rather, the Bail Reform Act provides a comprehensive scheme governing pretrial-release decisions. Id. This deficiency warrants a sua sponte dismissal. LeBron v. Ebbert, 2015 WL 4545169, *3 (M.D. Pa. Jul. 27, 2015) (collecting cases holding that petitioner’s failure to exhaust remedies under § 2241 justifies sua sponte dismissal); accord, e.g., Whitmer v. Levi, 276 Fed. Appx. 217, 219, 2008 WL 1849803, *1 and n.1 (3d Cir. Apr. 28, 2008) (affirming district court’s case- closure based on grounds recited above, and indicating that, although the closure was without prejudice, “it [was] unlikely that [the] case [properly could] be resurrected”). Consistent with the forgoing, William Lacell Dark, Jr.’s Petition under 28 U.S.C. § 2241 (Doc. 1) hereby is DISMISSED. IT IS SO ORDERED.

August 23, 2023 s\Cathy Bissoon Cathy Bissoon United States District Judge

cc (via First-Class U.S. Mail):

William Lacell Dark, Jr. 42512 Butler County Prison 202 S. Washington Street Butler, PA 16001

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