Luevano v. Obama et al

Filing 6

MEMORANDUM OPINION. Signed by Judge R David Proctor on 12/10/2013. (AVC)

FILED
2013 Dec-10 PM 01:17
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JAMIE LUEVANO,

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Petitioner,
v.
B. H. OBAMA, et al.,
Respondents.

Case No.: 2:13-cv-02023-RDP-JEO

MEMORANDUM OPINION
This case is before the court on Jamie Luevano’s “Emergency Writ of Habeas Corpus for
New Pardon Etc....” (Doc. 1). In his petition, Petitioner appears to challenge a pardon decision
pursuant to 28 U.S.C. § 2241.1 (Docs. 1, 5). On November 4, 2013, the Magistrate Judge entered
an Order requiring Petitioner to show cause why this case should not be dismissed for lack of
jurisdiction. While Petitioner did respond, he did not address the jurisdictional concerns raised by
the Magistrate Judge. (Doc. 5). For the reasons explained below, this court does not have
jurisdiction over Petitioner’s § 2241 petition.
The general habeas statute authorizes “district courts ... within their respective jurisdictions”
to grant writs of habeas corpus to prisoners who are “in custody in violation of the Constitution or
law or treaties of the United States.” 28 U.S.C. § 2241. Jurisdiction to hear such habeas actions
challenging present physical confinement is generally limited to the federal district court in the
district in which the petitioner is confined. Rumsfeld v. Padilla, 542 U.S. 426, 443-44 (2004). Here,
Petitioner is confined in Kennedy, Texas (Doc. 1), which is outside of the Northern District of

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decision.

The court makes no finding about whether 28 U.S.C. § 2241 is an appropriate vehicle to challenge a pardon

Alabama. As Petitioner is not confined in this district, this court does not have jurisdiction over his
petition. Accordingly, the instant petition is due to be dismissed without prejudice.
A separate Order will be entered.
DONE and ORDERED this

10th

day of December, 2013.

___________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE

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