Johnson v. Attorney General of US America et al

Filing 8

ORDER that 1 Motion/Application for Leave to Proceed in forma pauperis is GRANTED; 3 Motion for Leave to File is DENIED; 4 Motion to Amend/Correct is DENIED; 5 Motion for Declaratory Judgment is DENIED; 6 Motion for Release is DENIED and 7 Motion for Leave to File Emergency Motion for Judicial Action is DENIED. Signed by Judge Richard F. Boulware, II on 9/30/2017. (Copies have been distributed pursuant to the NEF - CVL)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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VAUGHN JOHNSON,

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Petitioner,

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vs.

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Case No. 2:17-cv-00422-RFB-GWF

ATTORNEY GENERAL OF THE
UNITED STATES, et al.

ORDER

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Respondents.
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Petitioner has filed an application to proceed in forma pauperis (ECF No. 1). The court finds
that petitioner is unable to pay the filing fee.

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In his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, petitioner challenges

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the validity of an order removing him from the United States. To the extent that judicial review of this

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order is available, it is through a petition for review filed in the Court of Appeals for the Ninth Circuit,

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not through an action commenced in this court. 8 U.S.C. § 1252. This court does not have jurisdiction

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to consider plaintiff’s claims. The court makes no statement about the merits of, or procedural defenses

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against, any petition for review that petitioner files with the court of appeals.

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The court denies petitioner’s other motions because it lacks jurisdiction.

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To the extent that a certificate of appealability is necessary, reasonable jurists would not find

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the court’s conclusion to be debatable or wrong, and the court will not issue a certificate of

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appealability.

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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 shall file the petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2241.

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IT IS FURTHER ORDERED that petitioner’s motion for leave to proceed in forma pauperis to

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file show cause emergency motion (ECF No. 3), motion for leave to file amend/correct supplement

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(ECF No. 4, ECF No. 5, ECF No. 6), and motion for leave to file emergency motion (ECF No. 7) are

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DENIED.

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

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

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DATED: September 30, 2017.

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_________________________________
RICHARD F. BOULWARE, II
United States District Judge

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