Hester v. Martin-Forman

Filing 21

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that this action is DISMISSED without prejudice. IT IS HEREBY ORDERED that all pending motions are DENIED as moot. An Order of Dismissal will be filed with this Memorandum and Order. Signed by District Judge Audrey G. Fleissig on 7/11/2013. (KSH)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
EDISON CARL HESTER,
Petitioner,
v.
MARTY MARTIN-FORMAN,
Respondent.

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No. 4:13CV455 AGF

MEMORANDUM AND ORDER
This matter is before the Court on petitioner’s pro se petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2241. Petitioner maintains that his right to a speedy
trial has been infringed upon, and petitioner challenges a pretrial order from the Circuit
Court for the City of St. Louis finding that he should be committed to the Department
of Mental Health to evaluate his mental capacity. See State v. Hester, Cause No. 1022CR05232-01 (22nd Judicial Cir.) (commitment order filed October 26, 2012). Plaintiff
is currently confined at Fulton State Hospital, which is located in Callaway County,
Missouri. Respondent is the Chief Operating Officer at Fulton State Hospital.
A district court’s jurisdiction over writs filed pursuant to 28 U.S.C. § 2241 is
geographically limited to the judicial district in which petitioner’s custodian is located.
28 U.S.C. § 2241(a); Rumsfeld v. Padilla, 542 U.S. 426, 442 (2004). Callaway County

is located in the Western District of Missouri. 28 U.S.C. § 105(b)(4). As a result, the
Court lacks subject matter jurisdiction over the petition.
Rule 12(h)(3) requires that a district court dismiss a case if it “determines at any
time that it lacks subject-matter jurisdiction.” As a result, the Court will dismiss this
action without prejudice to refiling in the proper district court.
Accordingly,
IT IS HEREBY ORDERED that this action is DISMISSED without prejudice.
IT IS HEREBY ORDERED that all pending motions are DENIED as moot.
An Order of Dismissal will be filed with this Memorandum and Order.
Dated this 11th day of July, 2013.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

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