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Booher v. People

United States District Court, C.D. California, Western Division

April 5, 2017

WILLIAM BOOHER, Petitioner,
v.
THE PEOPLE OF THE STATE OF CALIFORNIA, Respondent.

          John D. Early United States Magistrate Judge

          ORDER SUMMARILY DISMISSING PETITION FOR WRIT OF HABEAS CORPUS FOR LACK OF SUBJECT MATTER JURISDICTION

          MANUEL L. REAL United States District Judge

         I. INTRODUCTION

         On March 21, 2017, Petitioner William Booher (“Petitioner”)[1] commenced this action by filing a document entitled, “Motion Requesting Final Disposition of Charge(s), ” in which Petitioner requests the Court “[t]o consider this as a Writ of Habeas Corpus requesting that I be brought before this Court within the next 180 days.” (Dkt. 1, “Petition” or “Pet.” at 2). For the reasons set forth below, the Petition is dismissed for lack of subject matter jurisdiction.

         II. PROCEDURAL HISTORY

         The substance of the Petition, which is unsigned, recites, in full (spelling, capitalization and punctuation in original):

         Comes now the defendant William Booher Pro Se asking this Honorable Court to grant this motion in order that he may move forward through the Justice system without the restrictions that are placed on someone that has an out of state Detainer, even though this particular Detainer may not be considered an extraditable issue, the Colorado Dept of Corrections stills sees it as a type of Detainer. therefore prohibiting me from moving forward through the rehabilitation process. The defendant would as this Honorable Court to consider one of the following:

1. To Run the time that I have remaining there, with the Colorado time that I am currently doing;
2. To dismiss the current charge as time served
3. To consider this as a Writ of Habeas Corpus requesting that I be brought before this court within the next 180 days.

(Pet. at 1-2).

         Petitioner lists his address as the FCF P.O. Box 999 Canon City, Colorado, which would appear to be Fremont Correctional Facility, a Colorado state prison facility. The Petition title references “The People of the State of California” and on the form where “Case No.” is typed, the Petition states “LAA 783022.” From this information, the Court interprets Petitioner's alternative requests to either “run the time [Petitioner has] remaining there” or “to dismiss the current charge as time served” as referring to some charges pending with a state court in California. The Court has reviewed the CM/ECF electronic records index and has found no record of a criminal case involving Petitioner, pending or closed, having been brought in this District, nor does Petitioner include a case number or the name of any case pending or closed in this District.

         III. DISCUSSION

         A. THE COURT LACKS JURISDICTION TO CONSIDER THE PETITION BECAUSE PETITIONER SEEKS A ...


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