UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
HEATHER MOORE, )
)
Petitioner, )
)
v. ) Civil Action No. 16-1913-RC
)
)
TOM WHEELER, )
)
)
Respondent. )
MEMORANDUM OPINION
This action was commenced by the filing of a Petition for a Writ of Habeas Corpus under
28 U.S.C. § 2241. For the following reasons, the petition will be denied and this case will be
dismissed.
A court entertaining an application for a writ of habeas corpus shall forthwith
award the writ or issue an order directing the respondent to show cause why
the writ should not be granted, unless it appears from the application that the
applicant or person detained is not entitled thereto.
28 U.S.C. § 2243.
The petitioner, Heather Moore, has named the Commissioner of the Federal
Communications Commission (“FCC”) as the respondent, listed her place of confinement as the
FCC, and claimed that her “custody” is based on an “FCC Administrative Ruling.” Pet. at 1.
“[T]he essence of habeas corpus is an attack by a person in custody upon the legality of that
custody, and . . . the traditional function of the writ is to secure release from illegal custody.”
Preiser v. Rodriguez, 411 U.S. 475, 484 (1973); see generally § 2241 (“Power to grant writ”).
1
Dismissal is required because petitioner is not a “prisoner” in custody by virtue of “order,
process, judgment or decree of a court or judge of the United States” or that of a state court. Id.
§ 2241(c). A separate Order accompanies this Memorandum Opinion.
________/s/____________
RUDOLPH CONTRERAS
United States District Judge
DATE: September 30, 2016
2
Moore v. Wheeler
Combined Opinion