Champeau v. Superior Court of California, Orange County

Filing 2

ORDER DISMISSING CASE without Prejudice. Signed by Judge Roger T. Benitez on 8/28/2017.(All non-registered users served via U.S. Mail Service)(knb)

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AUG 29 AH IQ: ll

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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JONATHAN CHAMPEAU,

Case No.: 17cv1525 BEN (BGS)
Petitioner,

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ORDER DISMISSING CASE
WITHOUT PREJUDICE

v.
SUPERIOR COURT OF CALIFORNIA,
ORANGE COUNTY,

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Respondent.

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Petitioner, proceeding prose, has filed a petition for writ of habeas corpus pursuant
to 28 U.S.C. § 2241.
FAILURE TO SATISFY FILING FEE REQUIREMENT

Petitioner has failed to pay the $5.00 filing fee and has failed to move to proceed in

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forma pauperis. This Court cannot proceed until Petitioner has either paid the $5.00

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filing fee or qualified to proceed in forma pauperis. See Rule 3(a), 28 U.S.C. foll. § 2254.

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JURISDICTIONAL CUSTODY REQUIREMENT

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Petitioner is not currently in either actual or constructive custody, and thus this

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Court does not have habeas jurisdiction. A habeas petitioner who challenges a state court

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conviction must establish he is "in custody in violation of the Constitution or laws ... of

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the United States." 28 U.S.C. § 2254(a). Current imprisonment or constructive custody,

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such as a petitioner's status on probation or parole, is required to satisfy the custody
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l 7cvl525 BEN (BGS)

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requirement. See, e.g., Jones v. Cunningham, 371 U.S. 236, 243 (1963) (parole); United

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States v. Span, 75 F.3d 1383, 1386 n.5 (9th Cir. 1996) (probation); United States v.

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Gaudin, 28 F.3d 943, 965 (9th Cir. 1994) (en bane) (probation).

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CONCLUSION

For the foregoing reasons, the Court DISMISSES this action without prejudice.

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The Court notes that if Petitioner can satisfy the custody requirement by virtue of being

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imprisoned, or being on probation or parole, the proper venue for a challenge to his

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conviction pursuant to 28 U.S.C. § 2254 would be the United States District Court for the

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Central District of Califl

ecause his conviction occurred in

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Rog
mtez
Umted States District Judge

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17cv1525 BEN (BGS)