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)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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KEVIN DONALD POPE,

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Case No. 2:17-cv-00664-APG-GWF
Petitioner,

ORDER

v.
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FEDERAL BUREAU OF PRISONS, et al.,
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Respondents.
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This case is a petition for a writ of habeas corpus under 28 U.S.C. § 2241,

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brought by Kevin Donald Pope, who states that he is on parole from a judgment of

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conviction from the United States District Court for the Southern District of Alabama in

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case number 85-cr-00158-001 (ECF No. 1-1). Pope’s application to proceed in forma

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pauperis (ECF No. 1) shall be granted. Pope seeks to challenge the calculation of his

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sentence. He indicates that his current institution is the Community Corrections Center

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in Las Vegas, Nevada.

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The court has reviewed Pope’s petition pursuant to 28 U.S.C. § 2243. Pope

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names the Federal Bureau of Prisons and the U.S. Parole Commission as respondents.

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However, the proper respondent in this action is Pope’s custodian, who in this case

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appears to be the warden or director of Community Corrections Center. See Dunne v.

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Henman, 875 F.2d 244, 249 (9th Cir. 1989) (holding that § 2241 petitioner’s “true

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custodian” was the warden of the federal facility where he was incarcerated). The court

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shall dismiss the petition and grant Pope leave to amend in order to add the proper

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respondent. Pope need not—and should not—resubmit the exhibits he has already
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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.

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IT IS THEREFORE ORDERED that petitioner’s application to proceed in forma
pauperis (ECF No. 1) is GRANTED.

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IT IS FURTHER ORDERED that the Clerk SHALL DETACH AND FILE the
petition (ECF No. 1-1).

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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.

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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).

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DATED: 19 April 2017.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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