SMITH v. SCHULTZ

Filing 3

OPINION filed. Signed by Judge Mary L. Cooper on 6/8/2011. (eaj)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
ROBERT SMITH,
Petitioner,
v.
PAUL SCHULTZ,
Respondent.

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Civil Action No. 10-3637 (MLC)
O P I N I O N

PETITIONER, Robert Smith, filed a pro se habeas petition
without prepaying his filing fee or submitting his application to
proceed in forma pauperis.

See dkt. entry no. 1.

PETITIONER, then a federal prisoner, challenged a detainer
lodged against him by the State of New Jersey.

See id.

THE COURT directed Respondent to answer Petitioner’s
challenges.

See dkt. entry no. 2.

While the Court was awaiting

Respondent’s answer, Petitioner was released from federal
confinement.

See <<http://www.bop.gov/iloc2/InmateFinderServlet?

Transaction=IDSearch&needingMoreList=false&IDType=IRN&IDNumber=53
870-083&x=68&y=19>> (indicating release on February 7, 2011).
PETITIONER failed to comply with Local Civil Rule 10.1(a),
which requires unrepresented parties to advise the Court of any
change in address within seven days.

Moreover, since Petitioner

was released from federal confinement, Respondent can no longer
honor the detainer allegedly lodged against Petitioner and is no

longer the proper respondent for the purposes of Petitioner’s
challenges.
THE COURT will dismiss the Petition without prejudice to
Petitioner raising his claims in a petition naming proper
respondents and filed in a new and separate matter.

Such

petition shall be accompanied by his filing fee or in forma
pauperis application.

The Court expresses no opinion about the

procedural propriety or substantive validity of such petition, if
filed.
THE COURT will issue an appropriate order and judgment.

s/ Mary L. Cooper
MARY L. COOPER
United States District Judge
Dated:

June 8, 2011

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