Case Information
*1 li1~ AUG 2 9 AH IQ: ll UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA JONATHAN CHAMPEAU, Case No.: 17cv1525 BEN (BGS) Petitioner, ORDER DISMISSING CASE 13 v. WITHOUT PREJUDICE 14 SUPERIOR COURT OF CALIFORNIA, ORANGE COUNTY,
15 Respondent.
16
Petitioner, proceeding prose, has filed a petition for writ of habeas corpus pursuant 17 18 to 28 U.S.C. § 2241.
19 FAILURE TO SATISFY FILING FEE REQUIREMENT 20 Petitioner has failed to pay the $5.00 filing fee and has failed to move to proceed in 21 forma pauperis. This Court cannot proceed until Petitioner has either paid the $5.00 22 filing fee or qualified to proceed in forma pauperis. See Rule 3(a), 28 U.S.C. foll. § 2254. 23 JURISDICTIONAL CUSTODY REQUIREMENT 24 Petitioner is not currently in either actual or constructive custody, and thus this 25 Court does not have habeas jurisdiction. A habeas petitioner who challenges a state court 26 conviction must establish he is "in custody in violation of the Constitution or laws ... of 27 the United States." 28 U.S.C. § 2254(a). Current imprisonment or constructive custody, 28 such as a petitioner's status on probation or parole, is required to satisfy the custody
I
l 7cvl525 BEN (BGS) *2 . .
1 requirement. See, e.g., Jones v. Cunningham, 371 U.S. 236, 243 (1963) (parole); United 2 States v. Span, 75 F.3d 1383, 1386 n.5 (9th Cir. 1996) (probation); United States v. 3 Gaudin, 28 F.3d 943, 965 (9th Cir. 1994) (en bane) (probation).
4 CONCLUSION
5 For the foregoing reasons, the Court DISMISSES this action without prejudice. 6 The Court notes that if Petitioner can satisfy the custody requirement by virtue of being 7 imprisoned, or being on probation or parole, the proper venue for a challenge to his 8 conviction pursuant to 28 U.S.C. § 2254 would be the United States District Court for the 9 Central District of Califl ecause his conviction occurred in 10
11 Rog mtez
12 Umted States District Judge
[2]
17cv1525 BEN (BGS)