Pope v. Federal Bureau Of Prisons et al

Filing 4

ORDER Granting Petitioner's 1 Motion/Application for Leave to Proceed in forma pauperis. The Clerk shall detach and file the 1 -1 Petition. The Petition is Dismissed with leave to amend. Within 15 days of the date of this order, petiti oner shall file an amended petition adding his custodian as respondent. Signed by Judge Andrew P. Gordon on 4/19/2017. (Copies have been distributed pursuant to the NEF - 2241 Instructions/Petition and copies of documents submitted mailed to Petitioner - SLD)

Download PDF
1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 KEVIN DONALD POPE, 10 Case No. 2:17-cv-00664-APG-GWF Petitioner, ORDER v. 11 FEDERAL BUREAU OF PRISONS, et al., 12 Respondents. 13 14 This case is a petition for a writ of habeas corpus under 28 U.S.C. § 2241, 15 brought by Kevin Donald Pope, who states that he is on parole from a judgment of 16 conviction from the United States District Court for the Southern District of Alabama in 17 case number 85-cr-00158-001 (ECF No. 1-1). Pope’s application to proceed in forma 18 pauperis (ECF No. 1) shall be granted. Pope seeks to challenge the calculation of his 19 sentence. He indicates that his current institution is the Community Corrections Center 20 in Las Vegas, Nevada. 21 The court has reviewed Pope’s petition pursuant to 28 U.S.C. § 2243. Pope 22 names the Federal Bureau of Prisons and the U.S. Parole Commission as respondents. 23 However, the proper respondent in this action is Pope’s custodian, who in this case 24 appears to be the warden or director of Community Corrections Center. See Dunne v. 25 Henman, 875 F.2d 244, 249 (9th Cir. 1989) (holding that § 2241 petitioner’s “true 26 custodian” was the warden of the federal facility where he was incarcerated). The court 27 shall dismiss the petition and grant Pope leave to amend in order to add the proper 28 respondent. Pope need not—and should not—resubmit the exhibits he has already 1 1 2 3 attached to his original petition (see ECF No. 1-1, pp. 10-70). If Pope fails to file an amended petition in conformance with this order, this action shall be dismissed for lack of personal jurisdiction. 4 5 IT IS THEREFORE ORDERED that petitioner’s application to proceed in forma pauperis (ECF No. 1) is GRANTED. 6 7 IT IS FURTHER ORDERED that the Clerk SHALL DETACH AND FILE the petition (ECF No. 1-1). 8 9 10 IT IS FURTHER ORDERED that the petition is DISMISSED WITH LEAVE TO AMEND. Within fifteen (15) days of the date of this order, petitioner SHALL FILE an amended petition adding his custodian as respondent. 11 12 13 14 15 16 IT IS FURTHER ORDERED that petitioner is expressly informed that failure to file an amended petition in conformance of this order will result in the dismissal of this action. IT IS FURTHER ORDERED that the Clerk shall send to petitioner one copy of the papers he has submitted in this action, along with a form § 2241 petition and instructions (AO-242). 17 18 DATED: 19 April 2017. 19 20 ANDREW P. GORDON UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?