United States District Court, M.D. Pennsylvania
MALACHY E. MANNION UNITED STATES DISTRICT JUDGE
September 11, 2017, Emmanuel Rivera, an inmate presently
confined at the Rockview State Correctional Institution,
Bellefonte, Pennsylvania (SCI-Rockview), filed this pro
se habeas corpus petition pursuant to 28 U.S.C.
§2254. (Doc. 1, petition). He attacks a
conviction imposed by the Court of Common Pleas for York
County, Pennsylvania. Id. Petitioner has also filed
a motion to stay these proceedings. (Doc. 3). For
the reasons discussed below, the Court will deny
Petitioner's motion to stay and dismiss the petition
31, 2013, after having been found guilty by jury trial,
Rivera was sentenced to life imprisonment, with a consecutive
four to eight year sentence, on four separate crimes pending
in two separate actions. (See Doc. 1).
Defendant perfected an appeal on all cases. See
Commonwealth of Pennsylvania v. Rivera, 1774 MDA 2013.
On December 2, 2014, the Pennsylvania Superior Court affirmed
Rivera's conviction and sentence. Id.
January 26, 2015, Petitioner filed a Post-Conviction Relief
Act (“PCRA”) petition, arguing that his trial
counsel was ineffective for failing to file a petition for
allowance to the Pennsylvania Supreme Court. (Doc. 1
at 3). On August 25, 2015, Rivera's appellate rights were
reinstated. Id. Counsel, once again failed to file a
an appeal to the Supreme Court and Petitioner's appellate
rights were waived. Id.
October 14, 2015, Petitioner filed a second PCRA petition,
arguing that his counsel rendered ineffective assistance for
failing to petition for allowance of appeal with the
Pennsylvania Supreme Court. Id. On February 4, 2016,
Rivera's appellate rights were reinstated. Id.
March 8, 2016, Rivera filed a petition for allowance of
appeal to the Pennsylvania Supreme Court. See 1774
6, 2016, the Pennsylvania Supreme Court denied Rivera's
petition for allowance of appeal. Id.
29, 2017, Rivera filed a PCRA petition with the trial court.
See Commonwealth of Pennsylvania v. Rivera,
CP-67-CR-0006999-2012. Rivera's PCRA petition is
currently pending. Id.
September 11, 2017, Petitioner filed the instant petition for
writ of habeas corpus. (Doc. 1).
petitioner must have exhausted his state-court remedies
before a federal court can grant relief. See Rolan v.
Coleman, 680 F.3d 311, 317 (3d Cir. 2012). (“Title
28 U.S.C. §2254 requires that a habeas petitioner
exhaust the remedies available in the state courts before a
federal court can exercise habeas corpus jurisdiction over
his claim.”). Generally, if state-court remedies have
not been exhausted, the district court must dismiss the
petition. Roman v. DiGuglielmo, 675 F.3d 2014, 209
(3d Cir. 2012).
recognizes that he has not exhausted his state-court
remedies, and he realizes the significance of the fact that
his PCRA petition is still pending in state court. He,
nonetheless, “due to the procedural chaos, filed this
instant petition before the expiration of said date.”
(Doc. 1 at 19). He has thus protectively filed his
2254 petition, and asks the court to stay the petition until
he exhausts his state court remedies with respect to his
ending PCRA petition.
Court has the authority to stay a 2254 petition while the
petitioner exhausts state-court remedies. ” Heleva
v. Brooks,581 F.3d 187, 191 (3d Cir.2009). To obtain a
stay, the petitioner must show “ ‘good cause for
his failure to exhaust, his unexhausted claims are
potentially meritorious, and there is no indication that the
petitioner engaged in intentionally ...