Fajardo-Guevara v. United States of America et al

Filing 3

RULING: The above-captioned proceeding be DISMISSED, without prejudice, for failure of Petitioner to correct the deficiency of which she was notified. Judgment shall be entered accordingly. Signed by Chief Judge Brian A. Jackson on 6/7/2017. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

PATRICIA FAJARDO-GUEVARA (# 05716-095)

CIVIL ACTION

VERSUS
UNITED STATES OF AMERICA

NO. 16-0488-BAJ-EWD

RULING
In July 2016, pro se Petitioner, a federal prisoner confined at the Federal Correctional
Institute, Aliceville, Alabama, commenced this habeas corpus proceeding pursuant to 28 U.S.C. '
2241, asserting a challenge to her federal conviction entered in 2012 in the Middle District of
Louisiana on charges of possession with intent to distribute cocaine.

Petitioner asserts that the

Middle District Court lacked jurisdiction to prosecute her because it failed to show that the United
States had ownership of the place where the crime was convicted and that the State had ceded
jurisdiction.
Pursuant to correspondence forwarded to Petitioner in October, 2016 and thereafter in
March, 2017, see R. Doc. 2, the Court directed Petitioner to re-submit her habeas corpus
application within twenty-one (21) days on the Court’s approved forms.

The Court=s

correspondence specifically advised Petitioner that Afailure to amend the pleadings or provide the
requested information or forms as indicated will result in the dismissal of your suit by the Court
without further notice.@ Id.
A review of the record by the Court reflects that despite notice and an opportunity to
appear, Petitioner has failed to respond to the Court=s directives as required.

Instead, it appears

that she has filed a properly completed application for federal habeas corpus relief in the original
criminal proceeding, Criminal Action No. 10-CR-0151-BAJ-EWD, attacking the criminal
conviction entered therein and asserting claims of ineffective assistance of counsel that are
unrelated to the claims asserted herein.

Accordingly,

IT IS ORDERED that the above-captioned proceeding be DISMISSED, without
prejudice, for failure of Petitioner to correct the deficiency of which she was notified. Judgment
shall be entered accordingly.
Baton Rouge, Louisiana, this 7th day of June, 2017.

BRIAN A. JACKSON, CHIEF JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA