Paul R. Bumstead v. United States of America

Filing 6

MEMORANDUM AND ORDER DENYING MOTION TO STAY EXTRADITION by Judge Dolly M. Gee 3 . IT IS HEREBY ORDERED that the Motion to Stay is DENIED. The Clerk is directed to close this action. [See Order for details.] IT IS SO ORDERED.(Made JS-6. Case Terminated.) (san)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

9
10
11

PAUL BUMSTEAD,
12
Petitioner,
13
v.
14
UNITED STATES OF AMERICA,
15
Respondent.
16

)
)
)
)
)
)
)
)
)
)
)

Case No. CV 15-6467-DMG (JEM)
MEMORANDUM AND ORDER DENYING
MOTION TO STAY EXTRADITION

17
On August 25, 2015, Paul Bumstead (“Petitioner”) filed a “Motion to Stay Extradition”
18
(“Motion to Stay”), in which he asks the Court “to grant a temporary stay” of an order
19
“extraditing Petitioner to Boston.”
20
On July 17, 2015, Petitioner was charged in the District of Massachusetts pursuant to
21
18 U.S.C. § 3583 for a supervised release violation, and an arrest warrant was issued.
22
On August 6, 2015, Petitioner was arrested in the Central District of California. On
23
August 7, 2015, Petitioner made his initial appearance and was ordered detained. A Final
24
Commitment and Warrant of Removal to the District of Massachusetts was issued.
25
On August 25, 2015, Petitioner filed the Motion to Stay, seeking a “temporary stay” of
26
the Warrant of Removal. Petitioner states that he has filed in the District of Massachusetts
27
28

1

a Motion to Transfer Supervised Release to the Central District of California.1 Petitioner

2

asks the Court to stay his transfer to the District of Massachusetts until the court there has

3

had an opportunity to consider his Motion to Transfer.

4

The Motion to Stay must be denied. Petitioner is presently on supervised release

5

under the jurisdiction of the District of Massachusetts, and the arrest warrant for Petitioner

6

was issued by that court. The Court declines to interfere with the administration of

7

Petitioner’s criminal proceedings in the District of Massachusetts or the Bureau of Prison’s

8

discretion to transfer prisoners as needed. Inmates have no constitutional right to

9

placement in any particular penal institution. See Olim v. Wakinekona, 461 U.S. 238, 245-

10

476(1983); Meachum v. Fano, 427 U.S. 215, 225 (1976); Montayne v. Haymes, 427 U.S.

11

236, 242 (1976). Petitioner, therefore, may not use a motion to stay to prevent a prison

12

transfer or choose his place of confinement.
ORDER

13
14
15
16

IT IS HEREBY ORDERED that the Motion to Stay is DENIED. The Clerk is directed
to close this action.
IT IS SO ORDERED.

17
18
19

DATED: September 23, 2015
DOLLY M. GEE
UNITED STATES DISTRICT JUDGE

20
21
22
23
24
25
26
27
28

1

The Motion to Transfer Supervised Release, which was filed in the District of
Massachusetts on August 20, 2015, in case number CR 07-10081-NMG, was incorrectly
docketed in this case as a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241.
The Motion to Transfer should have been docketed as an exhibit to the Motion to Stay,
which is the only matter pending before this Court in this case.
2