McGuire v. Jones et al
Filing
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ORDER DISMISSING CASE Without Prejudice. Signed by Judge Cynthia Bashant on 11/8/17.(All non-registered users served via U.S. Mail Service)(dlg)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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TOMMY R. McGUIRE,
Case No.: 17-cv-2260-BAS-BLM
Petitioner,
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ORDER DISMISSING CASE
WITHOUT PREJUDICE
v.
JULIE JONES, Secretary of the Florida
Department of Corrections, and PAM
BONDI, Florida Attorney General,
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Respondents.
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Petitioner, a Florida state prisoner proceeding pro se, has filed a Petition for a Writ
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of Habeas Corpus pursuant to 28 U.S.C. § 2254, along with an application to proceed in
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forma pauperis, challenging his Florida state conviction. (ECF Nos. 1, 2.) Petitioner states
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that he has already filed a 28 U.S.C. §2254 habeas petition challenging his Florida state
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conviction in the United States District Court for the Middle District of Florida, which was
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denied, that he unsuccessfully appealed that decision to the United States Court of Appeals
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for the Eleventh Circuit, and thereafter unsuccessfully sought a writ of certiorari in the
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United States Supreme Court. (ECF No. 1-8.) This action is subject to dismissal without
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prejudice because the Court lacks jurisdiction to consider the Petition.
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Because Petitioner is not confined within the jurisdiction of the Southern District of
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17-cv-2260
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California and was not convicted by any court located in the Southern District of California,
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this Court lacks jurisdiction over his 28 U.S.C. §2254 habeas petition. See 28 U.S.C. §
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2241(a) (“Writs of habeas corpus may be granted by the Supreme Court, any justice
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thereof, the district courts and any circuit judge within their respective jurisdictions.”
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(emphasis added)); Braden v. 30th Judicial Circuit Court of Kentucky, 410 U.S. 484, 497-
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500 (1973) (recognizing that §2241(a) requires a state prisoner to be in custody within, or
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either convicted or subject to a detainer within, the jurisdictional boundaries of the Federal
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District in which he seeks §2254 relief).
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CONCLUSION AND ORDER
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Based on the foregoing, the Court DISMISSES this action with prejudice for lack
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of jurisdiction. The Court TERMINATES AS MOOT Petitioner’s motion to proceed in
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forma pauperis. (ECF No. 2.)
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IT IS SO ORDERED.
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DATED: November 8, 2017
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17-cv-2260
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