Lee vs. Any City Jail of State (Asylum) Prison

Filing 6

ORDER DISMISSING PETITION AND DENYING WAIVER OF FEES re 1 , 4 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 9/30/13. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Robin M. Lee served by first class mail at the address of record on September 30, 2013.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
ROBIN M. LEE, #A0135179,

)
)
Petitioner,
)
)
vs.
)
)
ANY CITY JAIL OR STATE
)
(ASYLUM) PRISON, et al.,
)
)
Respondents.
)
______________________________ )

CIV. NO. 13-00468 SOM/RLP
ORDER DISMISSING PETITION AND
DENYING WAIVER OF FEES

ORDER DISMISSING PETITION AND DENYING WAIVER OF FEES
Petitioner Robin M. Lee seeks a petition for writ of
habeas corpus and waiver of fees.

Lee is presently incarcerated

in the Clark County Detention Center, in Las Vegas, Nevada.
Although the Petition is largely incomprehensible, Lee apparently
seeks assistance in obtaining a presidential pardon.

Lee’s

Petition is DISMISSED for lack of jurisdiction, and his request
for waiver of fees, construed as an incomplete in forma pauperis
application, is DENIED.
The United States Constitution divides the federal
government into three co-equal branches of government with
separate and unique roles and responsibilities.

Article I of the

United States Constitution assigns the legislative branch the
power “to make all laws which shall be necessary and proper for
carrying into execution . . . all powers vested by [the]
Constitution.”

U.S. Const. art. I, § 8, cl. 18.

Article II,

relating to the executive branch, empowers the President, as

Commander–in–Chief of the armed forces, to grant reprieves and
pardons, make treaties, and nominate ambassadors, federal judges,
and the heads of federal agencies.
cl.1–cl. 2.

U.S. Const. art. II, § 2,

Article III, pertaining to the judicial branch,

defines and limits the jurisdiction of the federal courts, and
gives them the power to interpret the Constitution, treaties, and
laws of the United States.

U.S. Const. art. III; see also

Marbury v. Madison, 1 Cranch 137, 2 L.Ed. 60 (1803).

To function

as intended, each branch of government must respect the other
branches’ separate and independent powers.

This court lacks

jurisdiction to grant Lee a pardon, and has no basis for
intervening with the executive branch on his behalf.

Lee’s

Petition is DISMISSED, and his request for waiver of fees is
DENIED.

See Tripati v. First Nat’l Bank & Trust, 821 F.2d 1368,

1370 (9th Cir. 1987) (holding a court may deny in forma pauperis
at the outset when no cognizable claim for relief is presented).
IT IS SO ORDERED.
DATED: Honolulu, Hawaii, September 30, 2013.

/s/ Susan Oki Mollway
Susan Oki Mollway
Chief United States District Judge

Lee v. Any City Jail, et al, 1:13-cv-00468 SOM/RLP; G:\docs\prose
attys\Habeas\DMP\2013\RMSLee 13-468 SOM (seeks pardon).wpd

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