Radzhabov v. United States of America, et al
Filing
8
OPINION AND ORDER re: 1 Petition for writ of habeas corpus. This case is DISMISSED without prejudice for Petitioner's failure to comply with the Court's April 23, 2018, Order. Should Petitioner wish to challenge his continued deten tion, he must file a new petition accompanied by the $5.00 filing fee or a motion to proceed as a pauper. Petitioner shall not use the instant case number on any new filing. The Clerk of Court is directed to terminate any pending motions, close this case, and enter judgment accordingly. The Clerk is further directed to provide Petitioner with a blank 28 U.S.C. § 2241 habeas corpus form and affidavit of indecency form with this Order. Signed by Judge Sheri Polster Chappell on 6/11/2018. (SLU)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
FIRDAVS RADZHABOV,
Petitioner,
v.
Case No: 2:18-cv-119-FtM-38CM
UNITED STAES OF AMERICA, U.S.
DEPARTMENT OF JUSTICE, U.S.
DEPARTMENT OF HOMELAND
SECURITY, MARC J MOORE, JUAN
ACOSTA, JEFFERSON B.
SESSIONS, KIRSTJEN M.
NIELSEN, THOMAS D. HOMAN and
DAVID HARDIN,
Respondents.
/
OPINION AND ORDER 1
This matter comes before the Court upon periodic review of the file. Petitioner, a
citizen of Tajikistan, initiated this action by filing a pleading entitled “Complaint for
Declaratory, Injunctive and Monetary Relief” (Doc. 1), which was construed as a petition
for writ of habeas corpus by the U.S. District Court for the District of Columbia and
transferred to this Court on February 22, 2018. Doc. 2 and Doc. 3. Upon review, this
Court construed the pleading as challenging both Petitioner’s continued detention by
1
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Immigration and Customs Enforcement (ICE) as well as seeking monetary and injunctive
relief for alleged Bivens violations. 2 Consequently, on April 23, 2018, the Court directed
Petitioner to file an amended petition on the form designated for use in Section 2241
proceedings in the instant case, to the extent Petitioner wished to challenge his continued
detention. See Doc. 7. Petitioner was directed to file his amended habeas petition within
twenty-one (21) days of the Court’s April 23, 2018, Order. Id. at 2, ¶2. Petitioner was
cautioned that his failure to comply with the Court’s April 23, 2018, Order would result in
the dismissal of this action without further notice. Id. The Court further provided Petitioner
with a civil rights complaint form to the extent that he wished to purse monetary or
injunctive relief in a separate action stemming from the alleged Bivens’ violations raised
in his pleading. Id. at 2, ¶3.
On May 7, 2018, the Court’s April 23, 2018 Order was returned to the Court as
“undeliverable.”
On May 9, 2018, after independently locating Petitioner’s current
address, the Clerk forwarded a copy of the April 23, 2018 Order to Petitioner. 3 The April
23, 2018, Order resent to Petitioner, on May 9, 2018, has not been returned to the Court.
As of the date on this Order, Petitioner has not complied with the Court’s April 23, 2018,
Order or explained his inability to comply and the time for doing so has expired.
ACCORDINGLY, it is hereby
2In
Bivens v. Six Unknown Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971),
the Supreme Court recognized an implied cause of action for damages against federal
officers to redress a constitutional violation.
3 The Court, in its February 22, 2108, Standing Order, previously notified Petitioner that
he was required to advise the Clerk of any change of address. See Doc. 5 at 3, ¶6. The
Standing Order apparently was delivered to Petitioner as it was not returned as
“undeliverable.” As of the date of this Order, Petitioner has not yet notified the Clerk of
his change of address.
2
ORDERED:
1. This case is DISMISSED without prejudice for Petitioner’s failure to comply
with the Court’s April 23, 2018, Order. Should Petitioner wish to challenge his
continued detention, he must file a new petition accompanied by the $5.00 filing
fee or a motion to proceed as a pauper. Petitioner shall not use the instant
case number on any new filing.
2. The Clerk of Court is directed to terminate any pending motions, close this
case, and enter judgment accordingly.
3. The Clerk is further directed to provide Petitioner with a blank 28 U.S.C. § 2241
habeas corpus form and affidavit of indecency form with this Order.
DONE and ORDERED in Fort Myers, Florida this 11th day of June, 2018.
SA: FTMP-1
Copies: All Parties of Record
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