Opinion
1:24CV592
07-30-2024
EDWARD E. FORD, Petitioner, v. United States, Respondent.
ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
L. Patrick Auld United States Magistrate Judge
Petitioner, a federal prisoner, submitted a document entitled Motion to Quash Unlawful Detainer in which he seeks to have the Court quash a detainer that he claims is not valid. Even though Petitioner has not used the correct forms for a habeas corpus petition under 28 U.S.C. § 2241, such a petition is the appropriate vehicle for an attack on an illegal detainer. For this reason, the Court will construe the submission as a petition under 28 U.S.C. § 2241 for a writ of habeas corpus. For the following reasons, the Petition cannot be further processed.
1. The filing fee was not received, nor was an affidavit to proceed in forma pauperis submitted and signed by Petitioner.
2. Petitioner did not use the required § 2241 Forms. The Clerk will forward to Petitioner the proper forms.
3. Petitioner's claim is not clear. Neither his Petition nor the attached paperwork reflects the existence of any detainer, much less one related to this Court. In fact, the paperwork attached to the Petition appears to state that Petitioner already served his sentence from this Court. If a detainer exists, Petitioner must identify the nature of the detainer and state how the detainer is unlawful
or a violation of his federal constitutional or statutory rights so that he is entitled to habeas relief. He must also exhaust any available administrative remedies before bringing a habeas petition. Further, at one point Petitioner appears to allege an error in record keeping by the United States Bureau of Prisons. This Court does not control the records of the Bureau of Prisons. If an error occurred and Petitioner believes that it violated his constitutional rights, Petitioner must address that within the Bureau's administrative process or, after exhausting any administrative remedies, in a petition under § 2241 in the district where he is housed at that time.
Because of these pleading failures, the Petition will be filed and then dismissed, without prejudice to Petitioner filing a new petition on the proper habeas corpus forms with the $5.00 filing fee, or a completed application to proceed in forma pauperis, and otherwise correcting the defects noted. To further aid Petitioner, the Clerk is instructed to send Petitioner a new application to proceed in forma pauperis, new § 2241 forms, and instructions for filing a § 2241 petition, which Petitioner should follow if he has grounds for filing a § 2241 petition and seeks to file in this Court.
In forma pauperis status will be granted for the sole purpose of entering this Order and Recommendation of dismissal with permission to file a new petition in the proper district which corrects the defects of the present Petition.
IT IS THEREFORE ORDERED that In forma pauperis status is granted for the sole purpose of entering this Order and Recommendation. The Clerk is instructed to send Petitioner § 2241 forms, instructions, and a current application to proceed In forma pauperis.
IT IS RECOMMENDED that this action be construed as a habeas petition under 28 U.S.C. § 2241 and dismissed sua sponte without prejudice to Petitioner filing a new petition in the proper district which corrects the defects of the current Petition. The new petition must be accompanied by either the five dollar filing fee or a current application to proceed In forma pauperis.