Estrada v. Outlaw

Filing 5

ORDER denying 2 MOTION for Leave to Proceed in forma pauperis filed by Arthur W Estrada and dismissing his case without prejudice because petitioner should have filed it in the Middle District of California. Signed by Judge Brian S. Miller on 11/12/10. (bkp)

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Estrada v. Outlaw Doc. 5 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION ARTHUR W. ESTRADA REG. #14483-064 v. CASE NO. 2:10CV00165 BSM/JTR RESPONDENT ORDER Petitioner Arthur W. Estrada ("Estrada") has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241, and a motion to proceed in forma pauperis. [Doc. Nos. 1, 2]. According to the financial information provided from prison officials, Estrada: (1) has had an average monthly balance for the last six months of $40.16; and (2) has had average monthly deposits for the last six months of $141.63. [Doc. No. 2]. Based on this information, Estrada has sufficient funds to pay the $5.00 filing fee. Therefore, the motion to proceed in forma pauperis is denied, and service of the petition is not appropriate at this time. Additionally, Estrada has filed a change of address indicating that he has been transferred to a BOP facility in Taft, California. [Doc. No. 4]. The BOP's website lists Estrada's location as USP Victorville in Adelanto, California, in the Middle District of California. See Because Estrada's immediate custodian is not within the Eastern District of Arkansas, his case is dismissed, without PETITIONER T.C. OUTLAW, Warden, FCI Forrest City prejudice, for lack of jurisdiction. See Rumsfield v. Padilla, 542 U.S. 426, 442 (2004) (Section 2241 requires "that the court issuing the writ have jurisdiction over [petitioner's] custodian."); Rasul v. Bush, 542 U.S. 466, 478-79 (2004) ("[A] district court acts within [its] respective jurisdiction within the meaning of 2241 as long as the custodian can be reached by service of process.") (citations omitted); see also 28 U.S.C. 2243 ("The writ, or order to show cause shall be directed to the person having custody of the person detained."). If Estrada wishes to proceed with his 2241 habeas action, he should file his petition in the Middle District of California, and pay the $5.00 filing fee. IT IS THEREFORE ORDERED THAT petitioner's motion to proceed in forma pauperis [Doc. No. 1] is DENIED, and his case is DISMISSED, WITHOUT PREJUDICE. Dated this 12th day of November, 2010. UNITED STATES DISTRICT JUDGE 2

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