Rodriguez v. Ashcroft

Full title: CARLOS BUENOS RODRIGUEZ, Petitioner, v. JOHN ASHCROFT, U.S. Attorney…

Court: United States District Court, N.D. California

Date published: Sep 1, 2004

No. C 04-1548 TEH (pr) (N.D. Cal. Sep. 1, 2004)

Opinion

No. C 04-1548 TEH (pr).

September 1, 2004

ORDER OF DISMISSAL

THELTON HENDERSON, Senior District Judge

Petitioner filed a petition for writ of habeas corpus under 28 U.S.C. § 2241 challenging his continued detention pending removal from the United States. The court noted that the case did not appear to have a sufficient connection to this judicial district for this district to be the proper venue, ordered petitioner to file an amendment to his petition to plead facts showing this was the proper venue, and cautioned petitioner that failure to file the amendment would result in dismissal of the action as filed in the wrong venue. See June 22, 2004 Order Requiring Amendment To Petition. Petitioner did not respond to the order. Accordingly, this action is DISMISSED because it was not filed in the proper venue. See 28 U.S.C. §§ 1391(b), 1406(a). This dismissal is without prejudice to petitioner filing a new habeas action in a proper venue.

IT IS SO ORDERED.

JUDGMENT

This action is DISMISSED without prejudice to petitioner filing a new habeas action in a proper venue.

IT IS SO ORDERED AND ADJUDGED.