United States District Court, M.D. Pennsylvania
October 20, 2005.
RAFAEL MARQUEZ-CARDOSA, Petitioner
COMMONWEALTH OF PENNSYLVANIA, YORK COUNTY PRISON, Respondents.
The opinion of the court was delivered by: CHRISTOPHER CONNER, District Judge
AND NOW, this 20th day of October 2005, upon preliminary review
of the petition for writ of habeas corpus (Doc. 1),*fn1 in
which petitioner, a detainee of the Bureau of Immigration and
Customs Enforcement presently incarcerated at the York County
Prison, challenges his extradition to the State of
Delaware,*fn2 and it appearing that petitioner has not
exhausted his state court remedies with regard to the extradition proceedings,*fn3 28 U.S.C. § 2254(c) ("An
applicant shall not be deemed to have exhausted the remedies
available in the courts of the State . . . if he has the right
under the law of the State to raise, by any available procedure,
the question presented."); See Rose v. Lundy, 455 U.S. 509,
518 (1982) ("The exhaustion doctrine is principally designed to
protect the state courts' role in the enforcement of federal law
and prevent disruption of state judicial proceedings."), it is
hereby ORDERED that:
1. Petitioner's application to proceed in forma
pauperis (Doc. 4) is GRANTED.
2. The petition is DISMISSED without prejudice for
failure to exhaust state court remedies.
3. A certificate of appealability is DENIED.
4. The Clerk of Court is directed to CLOSE this case.
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