Johnson v. Obama

FILED JUL 29 2009 C|erk, U.S. District and UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA jesse Johns°n» § Bankruptcy Courts Petitioner, ) ) v. ) Civil Action No. ) 09 1410 Barack Obama, ) ) Respondent. ) MEMORANDUM OPINION This matter is before the Court on petitioner’s pro se application for a writ of habeas corpus accompanied by his application to proceed in forma pauperis. The Court will grant the application to proceed in forma pauperis and, pursuant to 28 U.S.C. § l9l5(e)(2)(B)(ii), will dismiss the case for failure to state a claim upon which relief can be granted. Petitioner, a resident of West Helena, Arkansas, inexplicably names President Barack Obama as the sole respondent to this action based on alleged acts taken by a judge who presided over petitioner’s civil case in the United States District Court for the Eastern District of Arkansas. See Pet. & Attachments. In any event, petitioner does not appear to be in the government’s custody and is not challenging said custody. He therefore fails to state a claim for habeas relief under 28 U.S.C. § 224l. See 28 U.S.C. § 2242 ("Application for a writ of habeas corpus . . . shall allege the facts concerning the applicant’s commitment or detention, the name of the person who has custody over him and by virtue of what claim or authority, if known."). A separate Order of dismissal accompanies this Memorandum Opinion. `@1 c y€»£w!£ United\§tates District Judge Date:July Z/ ,2009