Opinion
Civil Action No. 11 0435.
February 25, 2011
MEMORANDUM OPINION
This matter, brought pro se, is before the Court on its initial review of the mandamus petition accompanied by an application to proceed in forma pauperis. The Court will grant the application to proceed in forma pauperis and dismiss the case for lack of jurisdiction.
Petitioner is an inmate at the District of Columbia Jail based on a parole violator warrant executed in November 2010. See Pet. at 2. He seeks a writ of mandamus under 28 U.S.C. § 1361 to compel his "immediate release." Pet. at 7. Because this claim is properly pursued by applying for a writ of habeas corpus directed at petitioner's warden — not named in this action — mandamus relief is not available. See Muhammad v. Close, 540 U.S. 749, 750 (2004) ("Challenges to the validity of any confinement or to particulars affecting its duration are the province of habeas corpus[.]") (citation omitted); Chatman-Bey v. Thornburgh, 864 F.2d 804, 806 (D.C. Cir. 1988) (where "habeas is an available and potentially efficacious remedy, it is clear beyond reasonable dispute that mandamus will not appropriately lie"); 28 U.S.C. § 2243 ("The [habeas] writ, or order to show cause shall be directed to the person having custody of the person detained."). A separate Order of dismissal accompanies this Memorandum Opinion.
Date: February 24th, 2011