Hubbard v. United States of America
||April 27, 2020
||US District Court for the District of Hawaii
|Nature of Suit:
|Cause of Action:
||No cause code entered
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|April 27, 2020
ORDER DISMISSING PETITION FOR POST-CONVICTION PRESERVATION AND DNA TESTING OF EVIDENCE AND RELATED MATERIAL FILED SEPTEMBER 6, 2019 [DKT. NO. 1], AND DENYING AS MOOT THE APPLICATION FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM FILED SEPTEMBER 6, 2019 [ DKT. NO. 6] re 1 - Signed by JUDGE LESLIE E. KOBAYASHI on 4/27/2020. Hubbard seeks relief pursuant to 18 U.S.C. § 3600 but, because his convictions were by a court martial tribunal, his convictions are not feder al offenses. He does not therefore qualify as an applicant under § 3600. This Court lacks subject matter jurisdiction and DISMISSES the Petition for Post-Conviction Preservation and DNA Testing of Evidence and Related Material filed September 6, 2019 (dkt. no. 1) on that basis. Further, the Application for Writ of Habeas Corpus Ad Testificandum filed September 6, 2019 (dkt. no. 6) is DENIED AS MOOT. (emt, )
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