JUSTICE v. STATE OF OHIO et al
Petitioner: PRIORITY CREDITOR BENEFICIARY, LOTUS, SETTLER and MONICA G. JUSTICE
Respondent: OFFICE OF PROSECUTING ATTORNEY FOR FRANKLIN COUNTY OHIO and STATE OF OHIO
Case Number: 1:2020cv03568
Filed: December 7, 2020
Court: US District Court for the District of Columbia
Presiding Judge: Timothy J Kelly
Nature of Suit: Prisoner Petition: General (Habeas Corpus)
Cause of Action: 28 U.S.C. ยง 1651
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 26, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 26, 2021 Opinion or Order MINUTE ORDER: Before this Court is a petition for a writ of habeas corpus. The petition is largely unintelligible but Petitioner cites 28 U.S.C. 2251, which allows the Court to "stay any proceeding against the person detained in any State court or by or under the authority of any State for any matter involved in the habeas corpus proceeding." A petition for habeas relief may be filed where a petitioner is in custody in violation of the Constitution or laws of the United States. 28 U.S.C. 2254(a). To meet the "in custody" requirement, a petitioner must have been in custody at the time the habeas petition was filed. Neville v. Cavanagh, 611 F.2d 673, 675 (7th Cir.1979) (citing Carafas v. Lavallee, 391 U.S. 234, 238 (1968)). The custody requirement may be met where a petitioner is not imprisoned, so long as there were "significant restrictions" placed on the petitioner's liberty. Hensley v. Municipal Court, 411 U.S. 345, 349 (1973). For example, a petitioner who is on parole, probation, supervised release, or released on bail is deemed to be "in custody" for habeas purposes. See e.g., Preiser v. Rodriguez, 411 U.S. 475, 486 n. 7 (1973) (release on bail or own recognizance); Scanio v. United States, 37 F.3d 858, 860 (2d Cir.1994) (supervised release); Harts v. Indiana, 732 F.2d 95, 96 (7th Cir.1984) (parole, probation, bail). But there is no indication here that the petitioner is in custody. Petitioner provides a P.O. Box for her address, rather than a physical address associated with a correctional facility. And while the petition is extremely difficult to follow, it does not indicate that petitioner is incarcerated or otherwise faces any significant restriction on her liberty. "[F]or a court to exercise habeas jurisdiction over a petitioner no longer in custody, the petitioner must demonstrate that he was in custody at the time he filed the petition and that his subsequent release has not rendered the petition moot." Qassim v. Bush, 466 F.3d 1073, 1078 (D.C. Cir. 2006). The petition also violates Local Civil Rule 5.1(c)(1), which requires that "[t]he first filing by or on behalf of a party shall have in the caption the name and full residence address of the party... If the party is appearing pro se, the caption 22 shall also include the party's telephone number." Petitioner here provides only a P.O. Box, rather than a residence address, and does not provide a telephone number. For these reasons, it is hereby ORDERED that the petition is DISMISSED WITHOUT PREJUDICE. Signed by Judge Timothy J. Kelly on 1/26/21. (lctjk2)
December 11, 2020 Opinion or Order Filing 2 STANDING ORDER. See order for details. Signed by Judge Timothy J. Kelly on 12/11/20. (lctjk2)
December 9, 2020 Filing fee received: $ 5.00, receipt number: 26950364370. (ztth)
December 7, 2020 Filing 1 PETITION for Writ of Habeas Corpus filed by LOTUS, MONICA G. JUSTICE, PRIORITY CREDITOR BENEFICIARY, SETTLER. (Attachment: #1 Exhibits) (ztth)

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Respondent: OFFICE OF PROSECUTING ATTORNEY FOR FRANKLIN COUNTY OHIO
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Respondent: STATE OF OHIO
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Petitioner: PRIORITY CREDITOR BENEFICIARY
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Petitioner: LOTUS
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Petitioner: SETTLER
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Petitioner: MONICA G. JUSTICE
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