Luevano v. Obama et al

Filing 3

ORDER ENTERED: Petitioner's motion 2 to proceed without prepayment of fees is denied as incomplete and due to the frivilous nature of this action. This action is dismissed for lack of jurisdiction. Signed by Senior District Judge Richard D. Rogers on 1/10/2013. (Mailed to pro se party Jaime Luevano by regular mail.) (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
JAIME LUEVANO,
Petitioner,
v.

CASE NO.

12-3256-RDR

B.H. OBAMA, et al.,
Respondents.
O R D E R
This action was filed pro se as a petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2241 by a prison inmate who is confined
in Connally Unit, Kennedy, Texas.
are not easily understood.

The allegations in the petition

However, it appears that Mr. Luevano sues

President Obama and “Office of the Pardon Attorney” in connection
with the denial of a Presidential pardon, Hillary Clinton for not
confessing to unspecified harm, and “Texas Judges” without naming
particular judges and making allegations against them.

Most of the

claims in the body of the petition appear to be challenges to Mr.
Luevano’s conviction in the State of Texas.

He asks for “an order

of transfer to the District of Columbia” and for this court to appoint
counsel to get evidence to prove his innocence and entitlement to
release.

For reasons that follow, the court finds that it lacks

jurisdiction over petitioner’s claims and the parties and dismisses
the petition.
To the extent that petitioner may actually raise a legitimate
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claim under § 2241, which is doubtful, this court is not shown to
have jurisdiction over any such claims.

Mr. Luevano is not confined

within this judicial district and was not tried or convicted in this
judicial district.

This court is not shown to have jurisdiction to

consider any claims regarding his custody.
If Mr. Luevano is attempting to raise claims that are not habeas
in nature against the defendants/respondents, this court is not shown
to have jurisdiction over any of the parties.

None resides within

this judicial district and none of the actions mentioned in the
petition occurred here.

Furthermore, Mr. Luevano is a three-strikes

litigant who has 114 cases listed on the U.S. Party/Case Index, as
well as filing sanctions imposed upon him in Texas courts.

See e.g.,

Leuvano v. Office of Inspector General, No. SA-11CA-131-OG (WD Tex
Feb. 28, 2011)(unpublished)(and cases cited therein).

If he desires

to raise claims that are not habeas in nature he must file a civil
complaint in the appropriate jurisdiction and he is reminded that
he is required to pay the filing fee of $350.00 up front.
IT IS THEREFORE BY THE COURT ORDERED that petitioner’s Motion
to Proceed without Prepayment of Fees (Doc. 2) is denied as incomplete
and due to the frivolous nature of this action, and that this action
is dismissed for lack of jurisdiction.
IT IS FURTHER ORDERED that any appeal of this matter is certified
as not taken in good faith for the reasons stated herein, and leave
to appeal without fees is denied.
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IT IS SO ORDERED.
DATED:

This 10th day of January, 2013, at Topeka, Kansas.

s/RICHARD D. ROGERS
United States District Judge

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