Denoyer v. United States of America et al

Filing 17

MEMORANDUM AND ORDER - Denoyer's Petition for Writ of Habeas Corpus (Filing No. 1 ) is dismissed without prejudice to reassertion in a federal district court with jurisdiction over Denoyer's custodian. The Court will enter judgment by a separate order. Denoyer is advised that the Court will not issue a certificate of appealability in this case. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DALE ERNEST DENOYER,
Petitioner,
v.
UNITED STATES OF AMERICA, U.S.
MARSHAL’S SERVICE, U.S. PAROLE
COMMISSION, and U.S. PROBATION
OFFICE,
Respondents.

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8:15CV185

MEMORANDUM
AND ORDER

On September 28, 2015, the Court conducted a preliminary review of Petitioner
Dale Ernest Denoyer’s Petition for Writ of Habeas Corpus (Filing No. 1) filed pursuant to
28 U.S.C. § 2241. The Court determined it could discern no jurisdictional basis for
entertaining Denoyer’s § 2241 petition in this Court. The Court ordered Denoyer to show
cause within 30 days for why jurisdiction is proper in this federal district court. (Filing No.
12.)
Denoyer filed his response to the Court’s order on October 6, 2015, in which he
merely reasserted the allegations set forth in his habeas corpus petition. Thus, once
again, the Court can discern no jurisdictional basis from Denoyer’s allegations for
entertaining his petition in this federal district court. Denoyer is not incarcerated in
Nebraska, and Denoyer has not explained how this Court has jurisdiction over Denoyer’s
current custodian. See Braden v. 30th Judicial Circuit Court, 410 U.S. 484, 494–95 (1973)
(holding that a court may not issue a writ of habeas corpus unless it has jurisdiction over
the petitioner’s custodian). Accordingly,

IT IS ORDERED:
1.

Denoyer’s Petition for Writ of Habeas Corpus (Filing No. 1) is dismissed
without prejudice to reassertion in a federal district court with jurisdiction over
Denoyer’s custodian. The Court will enter judgment by a separate order.

2.

Denoyer is advised that the Court will not issue a certificate of appealability
in this case.

DATED this 20th day of January, 2016.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge

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