Opinion
CIVIL NO. 5:14-CV-0244-MTT-MSH
07-02-2014
JEFFREY ALLEN PENNINGTON, Petitioner, v. TWIGGS COUNTY GEORGIA, Respondent.
ORDER
A pleading has been filed in this Court on behalf of Petitioner Jeffrey Allen Pennington, a prisoner confined at the Twiggs County Jail. Because the pleading requests relief only available by writ of habeas corpus, it is construed as a petition for federal habeas corpus relief under 28 U.S.C. § 2241. The petition, however, was not drafted or signed by Petitioner, but was instead prepared and filed by Petitioner's wife. It is unclear whether Petitioner is even aware that the action has been filed, and the petition does not include any explanation as to why Petitioner is unable prosecute the action on his own behalf. The undersigned thus finds that Petitioner's wife lacks standing to bring this action. See Francis v. Warden, FCC Coleman-USP, 246 F. App'x 621, 622-23 (11th Cir. 2007) (citing Whitmore v. Arkansas, 495 U.S. 149, 163, 110 S.Ct. 1717, 1727, 109 L.Ed.2d 135 (1990)). The petition is therefore DISMISSED without prejudice.
In the event Petitioner wishes to file a petition for writ habeas corpus, he is directed to complete a standard form petition and submit it to this Court - with either payment of the required filing fee or a motion for leave to proceed in forma pauperis. Petitioner should note, however, that a state prisoner is generally required to "exhaust available state judicial remedies before a federal court will entertain his petition for habeas corpus." Picard v. Connor, 404 U.S. 270, 275 (1971) (citing Ex Parte Royall, 117 U.S. 24l (1886)). Therefore, Petitioner should not file a federal habeas corpus action challenging his current confinement until after he has fully exhausted all remedies available to him in the state courts.
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MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
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