Omar v. Hassell et al

Filing 6

MEMORANDUM OPINION. Signed by Judge Madeline Hughes Haikala on 8/25/14. (ASL)

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FILED 2014 Aug-25 PM 02:06 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION MOHAMMAD OMAR, Petitioner, v. SCOTT HASSELL, et al., Respondents. ) ) ) ) ) ) ) ) ) Case No.: 4:14-cv-0985-MHH-SGC MEMORANDUM OPINION On June 16, 2014, the magistrate judge ordered petitioner Mohammad Omar to show cause why his petition for writ of habeas corpus should not be dismissed for lack of jurisdiction or, alternatively, for want of prosecution. (Doc. 3). As was the case with previous mail from the Court, the copy of the Order to Show Cause mailed to Petitioner was returned as undeliverable. (See June 25, 2014 Docket Entry). As noted in the Order to Show Cause, it appears Petitioner was detained in Louisiana when he filed his petition. (Doc. 1 at 1-2; Doc. 3 at 2). Additionally, a search of ICE’s online detainee locator service sheds no light on Petitioner’s whereabouts, merely reporting: “Detainee Not Found.” See generallyDoc. 5, p. 2. Accordingly, this Court lacks jurisdiction over this matter. Rumsfeld v. Padilla, 542 U.S. 426, 443 (2004) (generally, “jurisdiction lies in only one district: the district of confinement”); Garcia v. Warden, 470 Fed. App’x 735, 736 (11th Cir. 2012) (“jurisdiction for § 2241 petitions lies only in the district of confinement”). In the alternative, the Court finds this matter should be dismissed for want of prosecution. Mr. Omar filed this action on May 27, 2014. (Doc. 1). He has taken no action since then. He has not complied with the Court’s show cause order. (Doc. 3). Therefore, the Court dismisses the action. A separate order will be entered. DONE and ORDERED this August 25, 2014. _________________________________ MADELINE HUGHES HAIKALA UNITED STATES DISTRICT JUDGE

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