Deere v. Superior Court

MEMORANDUM **

While in state custody awaiting trial, Arthur Ray Deere filed a federal habeas *694petition under 28 U.S.C. § 2241, alleging numerous violations of his constitutional rights. Section 2241(c)(3) permits federal courts to grant relief to a pretrial detainee held “in custody in violation of the Constitution.” 28 U.S.C. § 2241(c)(3); see also McNeely v. Blanas, 336 F.3d 822, 824 n. 1 (9th Cir.2003). Deere’s petition was dismissed for failure to exhaust state remedies.

We granted a Certifícate of Appealability on the question whether a § 2241 petitioner must first exhaust his state court…