Acosta v. Reeves et al

Filing 2

ORDERED that the ECF No. 1 IFP application is granted. Petitioner need not pay the filing fee. Clerk shall file the petition for a writ of habeas corpus. This action is dismissed. Clerk is directed to enter judgment accordingly and close this action. A certificate of appealability is denied. Signed by Judge Miranda M. Du on 10/12/2016. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JUAN ACOSTA,

Case No. 2:15-cv-02397-MMD-GWF

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Petitioner,

ORDER

v.
JANELLE REEVES, et al,
Respondents.

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Petitioner has submitted an application to proceed in forma pauperis (ECF No. 1)

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and a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (ECF No. 1-1).

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The Court finds that petitioner is unable to pay the filing fee. The Court has reviewed the

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petition pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United

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States District Courts. The Court must dismiss this action.

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Petitioner has filed the petition on behalf of two children who have been removed
from his care and placed in the care of respondents. His petition has two fatal defects.

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First, petitioner cannot litigate on behalf of the children. Petitioner is not an

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attorney, and he has no authority to represent anyone other than himself. Russell v.

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United States, 308 F.2d 78, 79 (9th Cir. 1962). See also McShane v. United States, 366

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F.2d 286, 288 (9th Cir. 1966).

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Second, petitioner cannot challenge the constitutionality of the procedures used

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to remove the children from his care in a federal habeas corpus petition. 28 U.S.C.

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§ 2254 does not confer habeas corpus jurisdiction upon child-custody decisions of state

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courts. Lehman v. Lycoming Cty. Children’s Servs. Agency, 458 U.S. 502, 516 (1982).

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Reasonable jurists would not find the Court’s conclusions to be debatable or
wrong, and the Court will not issue a certificate of appealability.
It is therefore ordered that the application to proceed in forma pauperis (ECF No.
1) is granted. Petitioner need not pay the filing fee of five dollars ($5.00).
It is further ordered that the Clerk of the Court file the petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254.
It is further ordered that this action is dismissed. The Clerk of the Court is
directed to enter judgment accordingly and close this action.
It is further ordered that a certificate of appealability is denied.
DATED THIS 12th day of October 2016.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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