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Taite v. U.S. Pardon Atty.

United States District Court, D. Columbia.

February 18, 2014

MARCUS ORLANDO TAITE, Petitioner,
v.
U.S. PARDON ATTORNEY, et al., Respondents

Decided January 31, 2014

MARCUS ORLANDO TAITE, Petitioner, Pro se, Brent, AL.

MEMORANDUM OPINION

Reggie B. Walton, United States District Judge.

The Court construes the petitioner's submission as a petition for a writ of habeas corpus. A habeas action is subject to jurisdictional and statutory limitations. See Braden v. 30th Judicial Cir. Ct. of Ky., 410 U.S. 484, 93 S.Ct. 1123, 35 L.Ed.2d 443

Page 3

(1973). The proper respondent in a habeas corpus action is the petitioner's warden. Rumsfeld v. Padilla, 542 U.S. 426, 434-35, 124 S.Ct. 2711, 159 L.Ed.2d 513 (2004); Blair-Bey v. Quick, 151 F.3d 1036, 1039, 331 U.S. App. D.C. 362 (D.C. Cir. 1998) (citing Chatman-Bey v. Thornburgh, 864 F.2d 804, 810, 274 U.S. App. D.C. 398 (D.C. Cir. 1988)). The petitioner currently is incarcerated at an Alabama correctional facility. The Court cannot entertain this petition for a writ of habeas corpus because neither the petitioner nor his custodian is within its territorial jurisdiction. See Stokes v. U.S. Parole Comm'n, 374 F.3d 1235, 1239, 362 U.S. App. D.C. 410 (D.C. Cir. 2004). Accordingly, the Court will deny the petition and dismiss this action. An Order is issued separately.

ORDER

For the reasons stated in the accompanying Memorandum Opinion, it is hereby

ORDERED that the petitioner's application to proceed in forma pauperis is GRANTED; it is

FURTHER ORDERED that the petition for a writ of habeas corpus is DENIED WITHOUT PREJUDICE; and it is

FURTHER ORDERED that this civil action is DISMISSED.

This is a final appealable Order. See Fed. R. App. P. 4(a).

SO ORDERED.


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