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Montero v. Bush

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


July 15, 2008

MANUEL RAUL MONTERO, PETITIONER,
v.
GEORGE W. BUSH, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Stiehl, District Judge

MEMORANDUM AND ORDER

Petitioner, an inmate at the Federal Correctional Institution in Terre Haute, Indiana, brings this habeas action pursuant to 28 U.S.C. § 2241. He also seeks leave to proceed in forma pauperis (Doc. 2).

This case is now before the Court for a preliminary review of the petition pursuant to Rule 4 of the Rules Governing Section 2254 Cases in United States District Courts. Rule 4 provides that upon preliminary consideration by the district court judge, "[i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court, the judge must dismiss the petition and direct the clerk to notify the petitioner." Rule 1(b) of those Rules gives this Court the authority to apply the rules to other habeas corpus cases. After carefully reviewing the petition in the present case, the Court concludes that petitioner is not entitled to relief and the petition must be dismissed.

In this action, Petitioner names the current and two former Presidents of the United States as Respondents, but the Court is unable to determine what issues are raised in the petition, or what relief Petitioner seeks. In summary, this habeas action is incomprehensible and it does not survive review under Rule 4. Accordingly, the motion for leave to proceed in forma pauperis is DENIED and this action is DISMISSED with prejudice.

IT IS SO ORDERED.

WILLIAM D. STIEHL DISTRICT JUDGE

20080715

© 1992-2008 VersusLaw Inc.



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