3:25-cv-02040•COLLEY v. STATE OF FLORIDA
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Page 1 of 10 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION EMANUEL L. COLLEY, Petitioner, v. Case No. 3:25-cv-2040-LC-MJF STATE OF FLORIDA, Respondent. / REPORT AND RECOMMENDATION Petitioner Emanuel L. Colley is a pre-trial detainee confined at the Okaloosa County Jail. In a petition filed pursuant to 28 U.S.C. § 2241, Colley seeks release from pre-trial detention and dismissal of criminal charges pending in a Florida court. Doc. 12 at 2, 7. Because the abstention doctrine articulated in Younger v. Harris, 401 U.S. 37 (1971) precludes the District Court from interfering in Florida’s ongoing prosecution of Colley, and because it appears that Colley has not exhausted his available state remedies, the District Court should dismiss Colley’s petition. Case 3:25-cv-02040-LC-MJF Document 13 Filed 02/09/26 Page 1 of 10
Page 2 of 10 BACKGROUND The State of Florida has charged Colley with homicide in Okaloosa County Case No. 2019CF002948. In his petition, Colley asserts four grounds: (1) violation of his Miranda rights during the police investigation; (2) violation of his right to privacy during the police investigation; (3) a denial of due process based on the length of Colley’s pre-trial detention; and (4) the investigator who provided a supporting affidavit for a search warrant lied. Colley seeks release from pre-trial detention and dismissal of the pending criminal charges. Doc. 12 at 7. D ISCUSSION A. Colley’s Petition is Barred by the Younger Abstention Doctrine “When a petitioner seeks federal habeas relief prior to a pending state criminal trial the petitioner must satisfy the ‘Younger abstention hurdles’ before the federal courts can grant such relief.” Hughes v. Att’y Case 3:25-cv-02040-LC-MJF Document 13 Filed 02/09/26 Page 2 of 10
Page 3 of 10 Gen. of Fla., 377 F.3d 1258, 1262 (11th Cir. 2004) (quoting Kolski v. Watkins, 544 F.2d 762, 766 (5th Cir. 1977)). In Younger, the Supreme Court held that federal courts should not enjoin a pending state criminal proceeding unless an injunction is necessary to prevent great and immediate irreparable injury. 401 U.S. at 53–54. As the Supreme Court stated: “the normal thing to do when federal courts are asked to enjoin pending proceedings in state courts is not to issue such injunctions.” Id. at 45. The Supreme Court’s Younger decision was based on a strong federal policy against federal-court interference with pending state judicial proceedings. Id. at 44; Green v. Jefferson Cnty. Comm’n, 563 F.3d 1243, 1250 (11th Cir. 2009). Under Younger, a district court should abstain from interfering with ongoing state proceedings when “(1) state proceedings, judicial in nature, are pending; (2) the state proceedings involve important state interests; and (3) the state proceeding afford adequate opportunity to raise constitutional issues.” Johnson v. Florida, 32 F.4th 1092, 1099 (11th Cir. 2022); see Middlesex Cnty. Ethics Comm. v. Garden State Bar Ass’n, 457 U.S. 423, 432 (1982). “There are three narrow exceptions to the abstention doctrine: (1) there is evidence of state proceedings Case 3:25-cv-02040-LC-MJF Document 13 Filed 02/09/26 Page 3 of 10
Page 4 of 10 motivated by bad faith; (2) irreparable injury would occur; or (3) there is no adequate alternative state forum where the constitutional issues can be raised.” Johnson, 32 F. 4th at 1099. Generally, the Younger analysis is conducted in three steps. First, federal courts consider whether a qualifying state-court proceeding is pending. Tokyo Gwinnett, LLC v. Gwinnett Cnty., 940 F.3d 1254, 1267– 68 (11th Cir. 2019). If so, federal courts then consider whether it is appropriate to abstain under the factors set forth in Middlesex. Id. at 1268. If abstention appears to be appropriate, federal courts then must determine whether any exception to Younger applies. Middlesex, 457 U.S. at 435; Kugler v. Helfant, 421 U.S. 117, 123–25 (1975). 1. There is an Ongoing, Qualifying State Proceeding Florida is currently prosecuting Colley for homicide in Okaloosa County Case No. 2019CF002948. Accordingly, the first Younger criterion is satisfied. 2. The Middlesex Factors Weigh in Favor of Abstention At the second step of the Younger analysis, the District Court must consider whether: (1) the federal action would interfere with ongoing qualifying state judicial proceedings; (2) the state proceedings implicate Case 3:25-cv-02040-LC-MJF Document 13 Filed 02/09/26 Page 4 of 10
Page 5 of 10 important state interests; and (3) the underlying state proceedings afford litigants an adequate opportunity to raise federal claims. Tokyo Gwinnett, LLC, 940 F.3d at 1267–68. (a). Interference with State Judicial Proceedings “In order to decide whether the federal proceeding would interfere with the state proceeding,” the court looks “to the relief requested and the effect it would have on the state proceedings. The relief sought need not directly interfere with an ongoing proceeding or terminate an ongoing proceeding in order for Younger abstention to be required.” 31 Foster Children v. Bush, 329 F.3d 1255, 1276 (11th Cir. 2003) (citations omitted). Colley requests that this court dismiss the state criminal charges against him and release him from pre-trial detention. This relief necessarily would conflict with, and would obviate, Florida’s pending court proceedings. (b). Important State Interests The State of Florida’s criminal prosecution of Colley implicates important state interests. Younger, 401 U.S. at 41–44. The adjudication of criminal cases—which is a facet of crime prevention—is an important Case 3:25-cv-02040-LC-MJF Document 13 Filed 02/09/26 Page 5 of 10
Page 6 of 10 state interest, particularly when there are victims involved. Calderon v. Thompson, 523 U.S. 538, 556 (1998); United States v. Salerno, 481 U.S. 739, 750 (1987). “[P]reventing and dealing with crime is much more the business of the States than it is of the Federal Government . . . .” Patterson v. New York, 432 U.S. 197, 201 (1977). The “State has a strong sovereign interest in ensuring public safety and criminal justice within its territory, and in protecting all crime victims. . . . The State also has a strong interest in ensuring that criminal offenders . . . are appropriately punished and do not harm others in the State.” Oklahoma v. Castro- Huerta, 597 U.S. 629, 651 (2022). Thus, there is a “strong judicial policy against interference with state criminal proceedings.” Arizona v. Manypenny, 451 U.S. 232, 243 (1981). Accordingly, the second Middlesex factor also weighs in favor of abstention. (c). Adequate Opportunity to Raise Federal Claims Finally, Colley will have an adequate opportunity to raise any arguments based on federal law in state courts. In order for Colley to show that he lacks an adequate opportunity to raise his claims, he must assert that he is procedurally prevented from raising the claims pretrial, during trial, or at a subsequent stage of the criminal proceedings. See Case 3:25-cv-02040-LC-MJF Document 13 Filed 02/09/26 Page 6 of 10
Page 7 of 10 Johnson, 32 F.4th at 1101. Colley has not alleged that Florida law prevents him from raising any of the claims he seeks to assert. Indeed, the underlying state criminal case affords Colley adequate opportunities to raise the claims he seeks to assert in his petition. See, e.g., Johnson, 32 F.4th at 1100 (noting that Florida law permits a defendant to file a writ of prohibition and a direct appeal to challenge an alleged violation of the defendant’s Sixth Amendment right to a speedy trial). Accordingly, the third Middlesex factor also weighs in favor of abstention. 3. Petitioner Identifies No Applicable Exceptions Colley has not alleged bad faith, harassment, or any other extraordinary circumstances that would make abstention inappropriate. “[T]he cost, anxiety, and inconvenience of having to defend against a single prosecution alone do not constitute ‘irreparable injury’ that would warrant federal interference in a state criminal proceeding.” Kugler, 421 U.S. at 124. Accordingly, the District Court should dismiss Colley’s petition. B. Colley Has Failed to Exhaust Available State Remedies There is a second reason the District Court should dismiss Colley’s petition: Colley has failed to exhaust available state remedies. Case 3:25-cv-02040-LC-MJF Document 13 Filed 02/09/26 Page 7 of 10
Page 8 of 10 A “district court may not grant a § 2241 petition ‘unless the petitioner has exhausted all available state remedies.’” Johnson, 32 F.4th at 1095–96; see Thomas v. Crosby, 371 F.3d 782, 812 (11th Cir. 2004) (Tjoflat, J., specially concurring). Requiring state pretrial detainees to exhaust all means of state relief prevents “interference by federal courts in the normal functioning of state criminal processes.” Moore v. DeYoung, 515 F.2d 437, 441–42 (3d Cir. 1975); see Johnson, 32 F.4th at 1096. To exhaust his state remedies, a state pre-trial detainee must: (1) fairly present his federal claim to the state courts; and (2) take his claim “to the state’s highest court, either on direct appeal or on collateral review.” Johnson, 32 F.4th at 1096. To overcome the exhaustion requirement, a pretrial detainee must show “an absence of available State corrective process” or that “circumstances exist that render such process ineffective to protect [his] rights.” Combs v. Coats, 2011 WL 3290386, at *2 (M.D. Fla. Aug. 1, 2011) (quoting 28 U.S.C. § 2254(b)(1)(B)(i)-(ii)); see Johnson, 32 F.4th at 1097. Colley could have filed a petition for a writ of habeas corpus and release from pre-trial detention in the relevant Florida District Court of Appeals and, if the court denied the petition, he could have sought review Case 3:25-cv-02040-LC-MJF Document 13 Filed 02/09/26 Page 8 of 10
Page 9 of 10 in the Supreme Court of Florida. Magbanua v. McNeil, 310 So. 3d 138, 141 (Fla. Dist. Ct. App. 2021). Colley, however, does not indicate that he has exhausted these avenues of State relief. Instead, under the “Your Earlier Challenges of the Decision or Action” section of his petition, Colley indicates that he has not filed a petition for writ of habeas corpus and release from pre-trial detention in the pertinent Florida District Court of Appeals, or in any other court. Doc. 12 at 2–4. Colley has also not shown that Florida lacks a “corrective process” or that “circumstances exist that render such process ineffective to protect [his] rights.” Combs, 2011 WL 3290386, at *2 (quoting 28 U.S.C. § 2254(b)(1)(B)(i)–(ii)). As such, he is not entitled to waive the exhaustion requirement. Because Colley failed to exhaust his state remedies, and because Colley has failed to show that he is entitled to a waiver of the exhaustion requirement, the District Court should dismiss Colley’s petition CONCLUSION For these reasons, the undersigned respectfully RECOMMENDS that the District Court: 1. DISMISS without prejudice Petitioner’s petition under 28 U.S.C. § 2241. Case 3:25-cv-02040-LC-MJF Document 13 Filed 02/09/26 Page 9 of 10
Page 10 of 10 2. DIRECT the clerk of the court to close the case file. At Pensacola, Florida, this 9th day of February 2026. /s/ Michael J. Frank Michael J. Frank United States Magistrate Judge NOTICE TO THE PARTIES The District Court referred this case to a magistrate judge to make recommendations regarding dispositive matters. See N.D. Fla. Loc. R. 72.2; see also 28 U.S.C. § 636(b). Objections to this report and recommendation (“R&R”) must be filed within fourteen days of the date of the R&R. A party who fails to object to the magistrate judge’s findings or recommendations contained in this R&R waives the right to challenge on appeal the District Court’s order based on unobjected- to factual and legal conclusions. See 11th Cir. Rule 3-1; 28 U.S.C. § 636. If Plaintiff disputes the accuracy of any facts taken from judicially-noticed documents, or if they otherwise wish to be heard on the propriety of the District Court taking judicial notice of those facts, they must raise this issue in an objection to this R&R. Case 3:25-cv-02040-LC-MJF Document 13 Filed 02/09/26 Page 10 of 10
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