Riddick v. Madison County Circuit Court et al, No. 7:2013cv00433 - Document 3 (W.D. Va. 2013)
Court Description: MEMORANDUM OPINION. Signed by District Judge Michael F. Urbanski on 9/25/2013. (tvt)
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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION RASHAD MATTHEW RIDDICK, Petitioner, v. MADISON COUNTY CIRCUIT COURT, et al., Respondents. ) ) ) ) ) ) ) ) Civil Action No. 7:13-cv-00433 MEMORANDUM OPINION By: Hon. Michael F. Urbanski United States District Judge Rashad Matthew Riddick, a pretrial detainee proceeding pro se, filed a petition for a writ of habeas corpus about his on-going criminal prosecution in state court. Petitioner argues that he should be considered for pretrial release on bond despite his arrest for three charges of capital murder. Petitioner asks the court to set bond for Petitioner s release until the criminal proceedings conclude in state court. Absent extraordinary circumstances not present in this case, the court may not interfere with on-going state criminal proceedings. See, e.g., Younger v. Harris, 401 U.S. 37, 44 (1971). Furthermore, the court lacks jurisdiction to determine bond for defendants in state court criminal proceedings, and Petitioner should first present federal issues to state courts. Accordingly, the petition for a writ of habeas corpus is dismissed without prejudice and a certificate of appealability is denied. The Clerk is directed to send copies of this Memorandum Opinion and the accompanying Order to Petitioner. Entered: September 25, 2013 /s/ Michael F. Urbanski Michael F. Urbanski United States District Judge
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