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MARQUEZ-CARDOSA v. COMMONWEALTH

United States District Court, M.D. Pennsylvania


October 20, 2005.

RAFAEL MARQUEZ-CARDOSA, Petitioner
v.
COMMONWEALTH OF PENNSYLVANIA, YORK COUNTY PRISON, Respondents.

The opinion of the court was delivered by: CHRISTOPHER CONNER, District Judge

ORDER

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. ยง 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.
20051020

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