Chelberg v. FBOP Director
- Proceeding
- writ
- Outcome
- dismissed — 35.) 4 As an initial matter, the Court dismissed Petitione
- Area
- civil
- Panel
- Barry T. Moskowitz (author)
Analysis
The court reviewed a pro se prisoner's petition for a writ of mandamus, a motion for medical emergency, and a letter regarding missing filings. The court denied the mandamus petition as moot, denied the medical emergency motion without prejudice for lack of jurisdiction, and directed the Clerk to update the petitioner's address and serve recent orders.
| What the court decided | The model |
|---|---|
Petition for Writ of Mandamus denied as moot“Accordingly, Petitioner’s Petition for Writ of Mandamus (Civ. Case, ECF No. 35) is DENIED AS MOOT.” | agree with court The court previously dismissed the underlying § 2241 petition for lack of jurisdiction. A mandamus petition seeking a ruling on a dismissed petition is moot because there is no longer a pending action to compel. |
Motion for Medical Emergency denied without prejudice“Accordingly, Petitioner's Motion for Medical Emergency (Civ. Case, ECF No. 38, at 4-10) is DENIED WITHOUT PREJUDICE for lack of jurisdiction.” | agree with court The motion challenges the conditions of confinement (execution of sentence). Under 28 U.S.C. § 2241 and Ninth Circuit precedent, such claims must be filed in the district of confinement. Since the petitioner is in Florida, the Southern District of California lacks jurisdiction. |
Clerk directed to update address and serve orders“The Court therefore directs the Clerk to update Petitioner’s address of record... The Clerk is further directed to serve copies of such dockets and all Orders issued by the Court after May 1, 2019... upon Petitioner at FCI Coleman Low.” | agree with court The court identified a service failure due to the petitioner's transfer. Directing the clerk to correct the record and serve outstanding orders is a standard administrative remedy to ensure due process and notice. |
The order itself: sound — The order correctly applies the distinction between § 2255 (validity of sentence) and § 2241 (execution of sentence) to determine jurisdiction. It correctly identifies that the mandamus petition is moot following the dismissal of the underlying petition. The administrative order to fix service issues is appropriate.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 Civ. Case No. 3:19-cv-0748-BTM TRAVIS CHELBERG, Crim. Case No. 3:09-cr-0365-BTM 12 Petitioner, 13 ORDER DENYING AS MOOT v. PETITION FOR WRIT OF 14 MANDAMUS AND DENYING 15 FBOP DIRECTOR, WITHOUT PREJUDICE MOTION FOR MEDICAL EMERGENCY 16 Respondent.
17 [Civ. Case, ECF Nos. 35, 38] 18 Before the Court is Petitioner Travis Chelberg’s pro se letter dated 19 September 27, 2019 (the “Letter”) (Civ. Case, ECF No. 38, at 1-3), Motion for 20 Medical Emergency (id. at 4-10), and Petition for Writ of Mandamus (Civ. Case, 21 ECF No. 35). In the Letter, Petitioner states that he believes he has not received 22 copies of all the Court’s filings in regards to his recent petition under 28 U.S.C. § 23 2241, provides a list of all documents he has attempted to file in relation to his 24 petition, and requests the Court provide him with the status of his petition. (Civ. 25 Case, ECF No. 38, at 1-3.) In his Motion for Medical Emergency, Petitioner 26 requests that the Court issue an order compelling his present location of 27 incarceration to allow Petitioner’s family to provide him with eyeglasses to help 28 1 with his deteriorating vision. (Id. at 4-10.) In his Petition for Writ of Mandamus, 2 Petitioner requests that the Court rule on the merits of his aforementioned § 2241 3 petition. (Civ. Case, ECF No. 35.) 4 As an initial matter, the Court dismissed Petitioner’s § 2241 petition and 5 related filings for lack of jurisdiction on October 7, 2019. (Civ. Case, ECF No. 29; 6 Crim. Case, ECF No. 259.) Accordingly, Petitioner’s Petition for Writ of Mandamus 7 (Civ. Case, ECF No. 35) is DENIED AS MOOT. 8 Second, it appears that Petitioner may not have received service copies of 9 all of the Court’s recent orders due to the transfer of his location of incarceration 10 from Fremont Correctional Facility in Cañon City, Colorado to FCI Coleman Low 11 in Sumterville, Florida in late May 2019.1 (See, e.g., Civ. Case, ECF Nos. 9 12 (service mail to Petitioner returned undeliverable) , 32 (same), 33 (same); Crim. 13 Case, ECF No. 261 (same).) The Court therefore directs the Clerk to update 14 Petitioner’s address of record on the criminal and civil dockets associated with this 15 action to reflect his present location of incarceration at FCI Coleman Low. The 16 Clerk is further directed to serve copies of such dockets and all Orders issued by 17 the Court after May 1, 2019 in such cases (Civ. Case, ECF Nos. 5, 6, 8, 29, 30, 18 31; Crim. Case, ECF Nos. 243, 251, 258, 259, 260) upon Petitioner at FCI 19 Coleman Low. 20 Finally, because Petitioner’s Motion for Medical Emergency concerns the 21 execution of his sentence, as opposed to its underlying validity, he must proceed 22 in the judicial district in which he is currently incarcerated. See Hernandez v. 23 Campbell, 204 F.3d 861, 864 (9th Cir. 2000) (“Generally, motions to contest the 24 25 26 1 Petitioner does not assert that he did not receive the Government’s response in 27 opposition to his § 2241 petition, and a review of the certificates of service attached to the Government’s filings show service upon Petitioner at FCI Coleman Low. 28 1 ||legality of a sentence must be filed under § 2255 in the sentencing court, while 2 ||petitions that challenge the manner, location, or conditions of a sentence's 3 ||execution must be brought pursuant to § 2241 in the custodial court.” (citations 4 ||omitted)). Because Petitioner is presently incarcerated in Sumterville, Florida, this 5 ||Court is without jurisdiction to grant him the relief requested. Accordingly, 6 || Petitioner's Motion for Medical Emergency (Civ. Case, ECF No. 38, at 4-10) is 7 || DENIED WITHOUT PREJUDICE for lack of jurisdiction. 8 IT IS SO ORDERED. 9 || Dated: November 4, 2019 10 ay Tid Meda 14 Honor le Barry Ted Moskowitz United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28