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Bussie v. Internal Revenue Serv.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION
Jul 19, 2016
No. 4:16-CV-1078 CEJ (E.D. Mo. Jul. 19, 2016)

Opinion

No. 4:16-CV-1078 CEJ

07-19-2016

ANTHONY BUSSIE, Petitioner, v. INTERNAL REVENUE SERVICE, Respondent


MEMORANDUM AND ORDER

Before the Court is the petition of Anthony Bussie for a writ of habeas corpus under 28 U.S.C. § 2241 and his motion for leave to proceed in forma pauperis. Petitioner is confined at FMC Butner, in Butner, North Carolina after being civilly committed due to mentally incompetence. United States v. Bussie, 637 Fed. Appx. 102 (4th Cir. March 3, 2016) (unpublished).

In his petition, petitioner claims that the Internal Revenue Service office in Kansas City, Missouri, deducted money from his prison account to pay federal court filing fees. He seeks monetary and other relief.

Rule 4 of the Rules Governing Habeas Cases requires the Court to dismiss any habeas petition that is patently baseless, as is the case here. Additionally, a district court's jurisdiction over writs filed pursuant to 28 U.S.C. § 2241 is geographically limited to the judicial district in which petitioner's custodian is located. 28 U.S.C. § 2241(a); Rumsfeld v. Padilla, 542 U.S. 426, 442 (2004). Because petitioner's custodian is located in the Eastern District of North Carolina, this Court lacks jurisdiction over this action.

Accordingly,

IT IS HEREBY ORDERED that petitioner's motion for leave to proceed in forma pauperis [Doc. # 2] is granted.

IT IS FURTHER ORDERED that the petition for a writ of habeas corpus [Doc. # 1] is dismissed without prejudice.

Dated this 19th day of July, 2016.

/s/_________

CAROL E. JACKSON

UNITED STATES DISTRICT JUDGE


Summaries of

Bussie v. Internal Revenue Serv.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION
Jul 19, 2016
No. 4:16-CV-1078 CEJ (E.D. Mo. Jul. 19, 2016)
Case details for

Bussie v. Internal Revenue Serv.

Case Details

Full title:ANTHONY BUSSIE, Petitioner, v. INTERNAL REVENUE SERVICE, Respondent

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

Date published: Jul 19, 2016

Citations

No. 4:16-CV-1078 CEJ (E.D. Mo. Jul. 19, 2016)