United States District Court, N.D. California
CARLOS BUENOS RODRIGUEZ, Petitioner,
JOHN ASHCROFT, U.S. Attorney General; TOM RIDGE, Secretary of Homeland Security, Respondents.
The opinion of the court was delivered by: THELTON HENDERSON, Senior District Judge
ORDER OF DISMISSAL
Petitioner filed a petition for writ of habeas corpus under
28 U.S.C. § 2241 challenging his continued detention pending removal
from the United States. The court noted that the case did not
appear to have a sufficient connection to this judicial district
for this district to be the proper venue, ordered petitioner to
file an amendment to his petition to plead facts showing this was
the proper venue, and cautioned petitioner that failure to file
the amendment would result in dismissal of the action as filed in
the wrong venue. See June 22, 2004 Order Requiring Amendment To
Petition. Petitioner did not respond to the order. Accordingly,
this action is DISMISSED because it was not filed in the proper
venue. See 28 U.S.C. §§ 1391(b), 1406(a). This dismissal is
without prejudice to petitioner filing a new habeas action in a
IT IS SO ORDERED. JUDGMENT
This action is DISMISSED without prejudice to petitioner filing
a new habeas action in a proper venue.
IT IS SO ORDERED AND ADJUDGED.
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