MEYERS v. WARDEN RIOS

Filing 2

ENTRY and ORDER Dismissing Action - Meyers' habeas petition shows on its face that he is not entitled to the relief he seeks. Judgment consistent with this Entry shall now issue. Signed by Judge Jane Magnus-Stinson on 12/11/2013. (copy to Petitioner via US Mail) (JKS)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
ANTHONY MEYERS,

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Petitioner,
vs.
WARDEN RIOS,
Respondent.

Case No. 1:13-cv-001713-JMS-TAB

Entry and Order Dismissing Action
I.
This is an action for a writ of habeas corpus brought by Anthony Meyers, a federal
inmate confined in Missouri. Meyer’s habeas petition is before the Court for preliminary review
pursuant to Rule 4 of the Rules Governing § 2254 Cases in United States District Courts, which
provides that “[i]f it plainly appears from the petition and any attached exhibits that the petitioner
is not entitled to relief in the district court, the judge must dismiss the petition and direct the
clerk to notify the petitioner.” Rule 1(b) of those Rules gives this Court the authority to apply
the rules to other habeas corpus cases, including this one.
Meyers’ habeas petition shows on its face that he is not entitled to the relief he seeks.
This conclusion rests on the following facts and circumstances:
1.

Meyers is not confined in this District and this Court has no jurisdiction over his

custodian. This is significant because, for “habeas petitions challenging present physical
confinement, jurisdiction lies in only one district: the district of confinement.” Rumsfeld v.
Padilla, 542 U.S. 426, 443 (2004).
2.

Meyers seeks damages. This is significant because “damages are not an available

habeas remedy.” Nelson v. Campbell, 541 U.S. 637, 646 (2004).

3.

If Meyers challenges the fact or duration of his confinement, he must do so in the

District of that confinement.
4.

If Meyers does not challenge the fact or duration of his confinement, he must do

so through some means other than an action for habeas corpus relief.
II.
Judgment consistent with this Entry shall now issue.
IT IS SO ORDERED.

12/11/2013
Date: ___________

_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana

Distribution:
Anthony Meyers
#40160-424
Springfield Medical Center
Inmate Mail/Parcels
P. O. Box 4000
Springfield, MO 65801