UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

CIVIL ACTION NO. 23-12817-RGS

THOMAS LARSON

v.

NAPIER

ORDER

November 21, 2023

STEARNS, D.J.

Pro se litigant Thomas Larson, who is a pretrial confined at FMC Devens, has filed a petition under

, Dkt #1, in which he asks that criminal charges against him pending in the United States District Court for the District of Montana, see United States v. Larson, Crim. No. 22-cr-00079 (D. Mont.), be dismissed. According to Larson, his continued detention is in violation of

(d), which provides that, where a defendant is found to be incompetent to stand trial, the Attorney General “shall hospitalize the defendant for treatment in a suitable facility – (1) for a reasonable period of time, not to exceed four months,” to determine whether he can be restored to competency.

(d)(1). Larson represents that he has been committed under this statute for more than four months. The court DENIES the petition without prejudice. Whether Larson’s detention contravenes

(d)(1) is a matter for the judicial

officer pending over the criminal action, rather than for this court. See, e.g., Reese v. Warden Philadelphia FDC,

(3d Cir. 2018) (stating that “[i]t is well settled that in the absence of exceptional circumstances in criminal cases the regular judicial procedure should be

followed and habeas corpus should not be granted in advance of a trial” (quoting Jones v. Perkins,

(1918))); Whitmer v. Levi, 276 Fed. App’x 217, 219 (3d Cir. 2008) (per curiam) (finding that petitioner’s

“claims relating to pending criminal charges should have been raised in his criminal case, not a habeas petition under 28 U.S.C. § 2241”); Garey v. Fed. Det. Ctr., 180 Fed. App’x 118, 121 (11th Cir. 2006) (per curiam) (affirming dismissal of § 2241 petition because petitioner’s claims “should have been

raised in his pending criminal case”). Accordingly, the court DENIES the petition and DISMISSES this action. SO ORDERED.

/s/ Richard G. Stearns

UNITED STATES DISTRICT JUDGE