Taite v. Thomas

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING ACTION FOR LACK OF JURISDICTION for 7 Report and Recommendations, - The court further certifies that an appeal from this decision could not be taken in good faith, and there is no basis upon which to issue a certificate of appealability. 28 U.S.C. 2253(c);Fed. R. App. P. 22(b). Signed by Chief Judge Rosanna Malouf Peterson. (SMP, Case Administrator)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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MARCUS ORLANDO TAITE (a.k.a.
Tate, El-Bey-Tey),

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Petitioner,
vs.

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No. 13-CV-00351-JTR
ORDER ADOPTING REPORT AND
RECOMMENDATION AND
DISMISSING ACTION FOR LACK
OF JURISDICTION

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Respondent.

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BEFORE THE COURT is Petitioner’s Objection, ECF No. 8, to the Report
and Recommendation to dismiss this action for lack of jurisdiction, ECF No. 7.
Petitioner, a prisoner at the Bibb Correctional Facility in Brent, Alabama, is
proceeding pro se and in forma pauperis. In his Objection titled, “Notice of

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Special Appearance Aboriginies,” Mr. Taite once again has mistaken this United

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States District Court for one located in the District of Columbia. He signs the

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Objection, “Empire Emperor Marcus O. Tate, El-Bey-Tey.”

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Due to Petitioner’s present location and the fact that he has never been

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convicted in the United States District Court, Eastern District of Washington, this

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Court has no jurisdiction to consider a habeas petition from him pursuant to 28

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ORDDER ADOPTING REPORT AND RECOMMENDATION AND
DISMISSING ACTION FOR LACK OF JURISDICTION -- 1

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U.S.C. §§ 2241 and 2255. The Court agrees with the recommendation that the

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interests of justice would not be served by transferring this action to any of the

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United States District Courts in Alabama under 28 U.S.C. § 1631. Therefore, IT

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IS ORDERED the Report and Recommendation, ECF No. 7, is ADOPTED in its
entirety and this action is DIMISSED without prejudice for lack of jurisdiction.
IT IS SO ORDERED. The District Court Executive is directed to enter this
Order, enter judgment, forward copies to Petitioner at his last known address and
close this file. The Court further certifies that pursuant to 28 U.S.C. § 1915(a)(3),

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an appeal from this decision could not be taken in good faith, and there is no basis

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upon which to issue a certificate of appealability. 28 U.S.C. § 2253(c); Fed. R.App.

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P. 22(b).

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DATED this 16th day of December 2013.

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s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
Chief United States District Court Judge

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ORDDER ADOPTING REPORT AND RECOMMENDATION AND
DISMISSING ACTION FOR LACK OF JURISDICTION -- 2