Summary
concluding that petitioner "lacks standing to represent `all current and past federal prisoners' or `persons no longer incarcerated'"
Summary of this case from Bell v. Persons Acting as "U.S. Parole COMMISSION,"Opinion
CASE NO. 6:07-cv-1926-Orl-22GJK.
February 14, 2008
ORDER
Petitioner initiated this action for habeas corpus relief pursuant to 28 U.S.C. § 2241 (Doc. No. 7, filed Dec. 4, 2007). Petitioner is a federal prisoner and is currently incarcerated in the United States Penitentiary in Tucson, Arizona. (Doc. No. 7 at 1.)
Petitioner states that he is filing his "`Great Writ' habeas corpus on behalf of ALL current and past federal prisoners (since 1948) whose cases originated in, or who are located within the jurisdiction of, this judicial court." (Doc. No. 7 at 2.) He also states that he is filing a Federal Rule of Civil Procedure 60(b)(4) motion "as `Next Friend' for persons no longer incarcerated, thus bringing an `error coram nobis' action." (Doc. No. 7 at 2.)
The Court has reviewed the dockets in other federal district courts and notes that Petitioner has filed approximately twenty (20) identical or similar section 2241 petitions in the federal district courts of Arizona, California, Colorado, Florida, Georgia, Oklahoma, Oregon, Pennsylvania, Texas, Utah, and Washington.
To entertain a section 2241 habeas petition, the district court must, upon the filing of the petition, have jurisdiction over the prisoner or his custodian. See 28 U.S.C. § 2241(a). For a court to have jurisdiction, a section 2241 petition must be filed in the district where the prisoner is incarcerated or in the district containing the state court which convicted and sentenced the prisoner. See 28 U.S.C. § 2241(d). Petitioner is not incarcerated in this district and was not convicted in this district; thus, this Court is without jurisdiction to consider Petitioner's purported section 2241 petition.
After reviewing the documents filed in this case, the Court finds that the pleadings cannot be construed as either a complaint or a petition for writ of habeas corpus over which this Court could have jurisdiction.
Furthermore, Petitioner lacks standing to represent "all current and past federal prisoners" or "persons no longer incarcerated." See Whitmore v. Arkansas, 495 U.S. 149, 163 (1990). If Petitioner seeks to challenge the fact or duration of his present confinement, he should file a petition under 28 U.S.C. § 2255 in the district of his conviction.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. The Petition for Writ of Habeas Corpus filed by Petitioner James Dalton Bell is DISMISSED for lack of jurisdiction. The Clerk of the Court shall enter judgment accordingly.
2. The Clerk of the Court is directed to close this case.
DONE AND ORDERED at Orlando, Florida.