Johnson v. Attorney General of US America et al
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)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 2:17-cv-00422-RFB-GWF
ATTORNEY GENERAL OF THE
UNITED STATES, et al.
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.
In his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, petitioner challenges
the validity of an order removing him from the United States. To the extent that judicial review of this
order is available, it is through a petition for review filed in the Court of Appeals for the Ninth Circuit,
not through an action commenced in this court. 8 U.S.C. § 1252. This court does not have jurisdiction
to consider plaintiff’s claims. The court makes no statement about the merits of, or procedural defenses
against, any petition for review that petitioner files with the court of appeals.
The court denies petitioner’s other motions because it lacks jurisdiction.
To the extent that a certificate of appealability is necessary, reasonable jurists would not find
the court’s conclusion to be debatable or wrong, and the court will not issue a certificate of
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.
IT IS FURTHER ORDERED that petitioner’s motion for leave to proceed in forma pauperis to
file show cause emergency motion (ECF No. 3), motion for leave to file amend/correct supplement
(ECF No. 4, ECF No. 5, ECF No. 6), and motion for leave to file emergency motion (ECF No. 7) are
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.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
DATED: September 30, 2017.
RICHARD F. BOULWARE, II
United States District Judge
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