Driver v. Morrison et al

Filing 2

ORDERED that this action is DISMISSED for lack of jurisdiction. The clerk of the court shall enter judgment accordingly. IT IS FURTHER ORDERED that a certificate of appealability is DENIED. Case terminated. Signed by Judge Jennifer A. Dorsey on 10/16/2014. (Copies have been distributed pursuant to the NEF - DKJ)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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GREGORY WARDELL DRIVER,

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Petitioner,

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vs.

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Case No. 2:14-cv-01663-JAD-GWF

JOHNNY MORRISON, et al.,

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ORDER

Respondents.

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Petitioner has submitted a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254

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(#1). There are multiple defects. First, petitioner has not submitted an application to proceed in

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forma pauperis, nor has he paid the filing fee of five dollars. Second, petitioner has not signed the

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petition. Third, and most important, it is clear from the first page of the petition that this court is

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without jurisdiction.

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Everything to do with this case concerns Virginia. Petitioner currently is in custody either

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in the Portsmouth City Jail or the Hampton Roads Regional Jail, both of which are in Virginia, and

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thus the respondents are in Virginia. Petitioner is in custody either because he has been charged

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with crimes in Virginia courts or because he has been convicted in Virginia courts, and thus all the

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events of the case occurred in Virginia. Petitioner needs to file a petition in the appropriate federal

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district court in Virginia, because this court lacks jurisdiction. The court expresses no opinion on

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whether petitioner’s claims would be considered on the merits.

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Reasonable jurists would not find the court’s conclusion to be debatable or wrong, and the
court will not issue a certificate of appealability.

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IT IS THEREFORE ORDERED that this action is DISMISSED for lack of jurisdiction.
The clerk of the court shall enter judgment accordingly.

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IT IS FURTHER ORDERED that a certificate of appealability is DENIED.

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Dated: October 16, 2014.

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_________________________________
JENNIFER A. DORSEY
United States District Judge

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