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William A. Green v. Joseph J. Piazza

August 23, 2011

WILLIAM A. GREEN, PETITIONER
v.
JOSEPH J. PIAZZA, ET AL.,
RESPONDENTS



The opinion of the court was delivered by: Hon. John E. Jones III

MEMORANDUM

THE BACKGROUND OF THIS MEMORANDUM IS AS FOLLOWS:

Petitioner William A. Green ("Petitioner" or "Green"), a pre-trial detainee who currently is confined at the Luzerne County Correctional Facility in Wilkes-Barre, Pennsylvania, initiated the above action pro se by filing a Petition for Writ of Habeas Corpus ("Petition"). (Doc. 1.) He challenges the decision of the Magisterial District Judge following a preliminary hearing on June 8, 2011 to hold over for trial to the Court of Common Pleas of Luzerne County charges against Green of criminal trespass, possession of an instrument of crime, criminal mischief, and public drunkenness. (Id. at 1.) Green has filed a Motion for leave to proceed in forma pauperis. (Doc. 2.) For the reasons set forth herein, we shall grant Green's Motion for the sole purpose of filing the Petition, and the Petition will be dismissed without prejudice for failure to exhaust state court remedies.

I. FACTUAL BACKGROUND

A. Green's Petition

In his Petition, Green states that he pled not guilty to the aforementioned charges. (Doc. 1 at 1-2.) He states that, after the June 8 preliminary hearing, on June 12, 2011, he filed a petition for writ of habeas corpus with the Court of Common Pleas of Luzerne County. (Id. at 2 ¶ 9.) He explains that, in this petition, he raises grounds of biasness of the magistrate; violation of due process; no evidence, no intent; inadmissible evidence; insufficient corroboration; no complicity; and excessive bail. (Id.) He claims that the petition was "denied or refused?" on June 28, 2011 by Judge Amesbury. (Id.)

Green also states that he has sought relief from the President Judge of the Court of Common Pleas of Luzerne County and the Luzerne County Office of Public Defender through "letters; application; video court." (Id. at 3-4 ¶ 11.)

Green states the following grounds for relief in the instant Petition:

1) "Accused requested discovery- evidence- exculpatory witness and compulsory process- Rule 565 Crim. P. (id. at 5)

2) "Accused denied access to court- and or due process- no hearing- no discovery/arbitarily [sic] & capriciously" (id. at 7)

3) "Right to bail- surety- able to afford a bail for non infamous crime" (id. at 10);

4) "To be represented by counsel, to withdraw waiver of counsel, to have standby counsel waiting" (id. at 12).

Green requests the following relief: "transport applicant to hearing, hearing for discovery or stay, crim. matter, release applicant (appoint ...


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