Patterson v. Apker

Opinion

WO

Eugene P Patterson, No. CV-12-00520-TUC-DCB (HCE)

Petitioner, ORDER

v.

Craig Apker, et al.,

Respondents. On May 13, 2019, Petitioner filed a Motion for Court Order Directing Prisoner Payment. (Doc. 20.) It appears that he seeks to establish in forma pauperis status in this case. This case has, however, been closed since June 28, 2013. (Order (Doc. 16); Judgment (Doc. 17)). The case was closed because Petitioner failed to name the custodian holding him at the time he filed the Complaint and the Amended Complaint. “[A] federal habeas petitioner seeking relief under 2241 must name his immediate custodian as respondent.” (Order (Doc. 16) (citing Allen v. State of Oregon, 153 F.3d 1046, 1050 (9th Cir. 1998)). In the Complaint, Petitioner named Craig Apker, who was not the Warden of the Central Arizona Detention Center-Florence, where he was then incarcerated. In the Amended Complaint, he again named Craig Apker, who was the former Warden of USP-Tucson. At the time of these filings, the Court’s docket reflected that the Petitioner was being transferred between FCC-Tucson (Wilmont) (Notice (Doc. 12) filed 4/17/13), USP- Lewisburg, Pennsylvania (Notice (Doc. 13) filed June 5, 2013), USP-Tucson (Notice (Doc. 14) filed 6/19/2013), and USP-Florence, Colorado (Notice (Doc. 19) filed 7/22/2013). The 1 Order and Judgment dismissing the case were sent to both USP-Tucson and USP-Florence. Both were returned to the Clerk of the Court as not deliverable. The Court will resend copies of both to Petitioner, who is now residing at USP-Tucson. See Motion (Doc. 20). This case is closed, having been dismissed without prejudice. Petitioner may file a new case for relief under 28 U.S.C. 2241, but he may not proceed any further in this case. Accordingly, IT IS ORDERED that the Motion for Court Order Directing Prisoner Payment (Doc. 20) is DENIED. IT IS FURTHER ORDERED that the Clerk of the Court shall send a copy of this 10}} Order, and the Order (Doc. 16) and Judgment (Doc. 17) dismissing and closing the case to 11] the Petitioner at USP-Tucson, P.O. Box 24550, Tucson, AZ 85734. Dated this 19th day of July, 2019.

HonorableDavid C. Bus) V7 United States Prstrict Judge

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