Finney v. Thomas
| John K. Finney |
| Michelle Thomas |
| 3:2024cv01703 |
| October 18, 2024 |
| US District Court for the District of Connecticut |
| Vernon D Oliver |
| Robert A Richardson |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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Filing 9
ORDER DISMISSING PETITION. Pro se Petitioner's request to proceed in forma pauperis at ECF No. #2 is hereby GRANTED. Although Petitioner has established that he is unable to pay the filing fee, the Petition at ECF No. #1 is DISMISSED pursuant to 28 U.S.C. 1915(e)(2)(B) as frivolous.Under 28 U.S.C. 1915(e)(2)(B), a court shall dismiss a case when "the action... is frivolous or malicious;... fails to state a claim on which relief may be granted; or... seeks monetary relief against a defendant who is immune from such relief." In evaluating whether a complaint survives dismissal, a court must "accept as true all factual allegations in the complaint and draw all reasonable inferences" in a plaintiff or petitioner's favor. Cruz v. Gomez, 202 F.3d 593, 596 (2d Cir. 2000). Pro se pleadings "must be construed liberally and interpreted to raise the strongest arguments that they suggest." Triestman v. Fed. Bureau of Prisons, 470 F.3d 471, 474 (2d Cir. 2006). But, to survive dismissal, a pleading must contain "enough facts to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007).Petitioner John K. Finney commenced this action in October 2024 by filing a petition for writ of habeas corpus under 28 U.S.C. 2241. As discussed below, the Petition at ECF No. #1 is DISMISSED pursuant to 28 U.S.C. 1915(e)(2)(B) as it is frivolous and does not allege any facts that state a plausible claim for relief.The Second Circuit has "long interpreted 2241 as applying to challenges to the execution of a federal sentence, including such matter as the administration of parole, prison disciplinary actions, prison transfers, type of detention and prison conditions. " Thompson v. Choinski, 525 F.3d 205, 210 (2d Cir. 2008) (cleaned up). Here, Petitioner has not asserted that he has been convicted or sentenced in federal court. The record shows that Petitioner is not a federal prisoner as he provided his address as being located at an apartment in Windsor Locks, Connecticut. And the petition does not relate to a conviction or sentence. Instead, Petitioner is challenging "child custody that go [sic] unenforced," (ECF No. #1 at 1), and is requesting the following relief: "Transfer the International and interstate parental kidnapping in the same way as done [with] mother in Puerto Rico." (Id. at 9.) Therefore, because Petitioner is not challenging the execution of a federal sentence in any way, the petition for writ of habeas corpus under 28 U.S.C. 2241 is frivolous.Accordingly, the petition for writ of habeas corpus under 28 U.S.C. 2241 is DISMISSED. All pending motions are denied as moot. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in good faith.The Clerk is directed to close the case. A copy of this Order shall be mailed to Petitioner. Signed by Judge Vernon D. Oliver on 12/4/2024. (Dao, J)
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| Filing 8 NOTICE by John K. Finney (Gaskins, A) |
| Filing 4 MOTION for Leave to File, by John K. Finney. (Attachments: #1 Exhibit) (Mendez, D) |
| Filing 7 Notice of Option to Consent to Magistrate Judge Jurisdiction.(Gaskins, A) |
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Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Vernon D. Oliver on 10/18/2024.(Gaskins, A)
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Filing 5
Standing Protective Order Signed by Judge Vernon D. Oliver on 10/18/24.(Gaskins, A)
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| Filing 3 Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 10/18/2024. (Mendez, D) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, by John K. Finney. (Mendez, D) |
| Filing 1 MOTION for Leave to File Document, by John K. Finney. (Mendez, D) |
| Judge Vernon D. Oliver and Judge Robert A. Richardson added. (Velez, F) |
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| Respondent: Michelle Thomas | |
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