Ruston v. United States of America

Filing 4

REPORT AND RECOMMENDATIONS entered by Judge James C. England on 06/24/05 re 1 Petition for Mental Status filed by Lester Jon Ruston. Objections to R&R due by 7/11/2005.(Polodna, Christy)

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Ruston v. United States of America Doc. 4 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI SOUTHERN DIVISION LESTER JON RUSTON, ) ) Petitioner, ) v. ) Civil Action ) No. 05-3268-CV-S-RED-H UNITED STATES BUREAU OF PRISONS, et al., ) ) Respondents. ) REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE Petitioner, an inmate confined in the United States Medical Center for Federal Prisoners, petitions this Court for a writ of habeas corpus in which he challenges his conviction. The petition has been referred to the undersigned for preliminary review under 28 U.S.C. 636(b). Because this Court lacks jurisdiction of petitioner's claims, it will be recommended that he be denied leave to proceed in forma pauperis. As grounds for relief in habeas corpus, petitioner challenges his conviction. It is unclear, however, whether he is challenging a state or a federal conviction. If petitioner's intention is to challenge a state conviction, he must do so under the provisions of 28 U.S.C. 2254. If he is attacking the validity of a federal sentence, he must do so in the sentencing court pursuant to 28 U.S.C. 2255. Regardless of petitioner's assertions in this case, the action is improperly filed under the provisions of 28 U.S.C. 2241. It is clear that this Court lacks jurisdiction of petitioner's claims. Accordingly, it must be recommended that the petition be dismissed without prejudice. For the foregoing reasons, it is, pursuant to the governing law and in accordance with Local Rule 72.1 of the United States District Court for the Western District of Missouri, Case 6:05-cv-03268-RED Document 4 Filed 06/24/2005 Page 1 of 2 Dockets.Justia.com RECOMMENDED that petitioner be denied leave to proceed in forma pauperis, and that the petition herein for writ of habeas corpus be dismissed without prejudice. /s/ James C. England JAMES C. ENGLAND United States Magistrate Date: 06/24/05 Case 6:05-cv-03268-RED Document 4 Filed 06/24/2005 Page 2 of 2

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