Mehmood v. Garcia et al

Filing 5

ORDER. IT IS THEREFORE ORDERED that this action is DISMISSED. The petitioner is DENIED a certificate of appealability. IT IS FURTHER ORDERED that petitioners three applications to proceed in forma pauperis 1 , 2 , and 3 are all DENIED as moot. IT IS FURTHER ORDERED that the Clerk of the court shall enter judgment accordingly and close this case. Signed by Judge Robert C. Jones on 12/3/15. (Copies have been distributed pursuant to the NEF - TR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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YASIR MEHMOOD,

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Case No. 2:15-cv-01995-RCJ-NJK
Plaintiff,

ORDER

v.
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RYAN GARCIA, et al.,
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Defendants.
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Petitioner Yasir Mehmood has filed, pro se, a second purported habeas petition

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that is not on the court-required form (ECF No. 1-1; see also Case No. 2:15-cv-01847-

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MMD-VCF). In his petition, Mehmood identified his place of incarceration as the

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Nevada Southern Detention Center, a facility that houses federal detainees and

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convicts. Id. He has since notified the court that he is now housed in the Sacramento

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County Main Jail, Sacramento, California (ECF No. 4.).

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The Court has reviewed Mehmood’s petition pursuant to 28 U.S.C. § 2243.

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Mehmood’s claims arise from a federal criminal case pending against him in the Eastern

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District of California (ECF No. 1-1, p. 1). In fact, he is currently in custody awaiting trial

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on those charges. Id. Mehmood mainly sets forth numerous Fourth Amendment

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claims. See, generally, id. This court is not the proper forum for such an action

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because Mehmood is currently incarcerated in California and wants relief from federal

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criminal proceedings in California.1 See Braden v. 30th Judicial Circuit Court, 410 U.S.
484 (1973); Dunne v. Henman, 875 F.2d 244 (9th Cir. 1989).

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IT IS THEREFORE ORDERED that this action is DISMISSED. The petitioner is
DENIED a certificate of appealability.

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IT IS FURTHER ORDERED that petitioner’s three applications to proceed in
forma pauperis (ECF Nos. 1, 2, 3) are all DENIED as moot.

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IT IS FURTHER ORDERED that the Clerk of the court shall enter judgment
accordingly and close this case.

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DATED: 1 December 2015.
DATED: December 3, 2015.

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ROBERT C. JONES
UNITED STATES DISTRICT JUDGE

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Moreover, while Mehmood has named myriad defendants, including numerous judges, marshals, and
postal inspectors, he has not named a custodial defendant.

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