Pope v. Federal Bureau Of Prisons et al

Filing 6

ORDER that this habeas action is Dismissed for lack of personal jurisdiction and a certificate of appealability is Denied. The Clerk shall enter judgment accordingly and close this case. Signed by Judge Andrew P. Gordon on 5/30/2017. (Copies have been distributed pursuant to the NEF - 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,
v.

Petitioner,

ORDER

FEDERAL BUREAU OF PRISONS, et al.,
Respondents.

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

On April 19, 2017, this court dismissed habeas petitioner Kevin Donald Pope’s

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petition with leave to amend to add the proper respondent within fifteen (15) days of the

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date of the order (ECF No. 4). The proper respondent in this action is Pope’s custodian,

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who in this case appears to be the warden or director of Community Corrections Center

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in Las Vegas, Nevada. See Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989)

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(holding that § 2241 petitioner’s “true custodian” was the warden of the federal facility

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where he was incarcerated). Pope was expressly advised that failure to file an

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amended petition in conformance with that order would result in the dismissal of this

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action for lack of personal jurisdiction.

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More than the allotted time has passed, and Pope has failed to file an amended

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petition or respond to this court’s order in any way. Accordingly, the petition shall be

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dismissed.

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IT IS THEREFORE ORDERED that this habeas action is DISMISSED for lack of
personal jurisdiction.

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IT IS FURTHER ORDERED that a certificate of appealability is DENIED, as
jurists of reason would not find the court’s dismissal of this action to be debatable or
incorrect.
IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly and
close this case.
DATED: 30 May 2017.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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