Free Motion to Reopen Case - District Court of Arizona - Arizona

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FOR THB DISTRICT OF ARIZONA Qmgigrlélig ggggy
BYW--Wm;_H_#_-j;;;% DEPUTY
Luan Luanhasa, )
Petitioner, g
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vs. )
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State of Arizona, )
Respondents. g
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HDTION T01 REDPEN TB CASE N0.CV—03—1361-PH +JHS(HS)
Comes now,Pet1t1oner,Luan Luanhasa,1n properia-persona,f1les this motion with
this court Requesting the John W. Sedw1ck,Un1ted States District Judge, to reopen
this case which was filed in this court on Jult 24,2003,f1led by the petitioner in
Maricopa County Madison Jail challenging the unlawful detention by the Officials
of the State of Arizona and the Officials of the State of Nevada. _ QU
On or about July of 2003,th1s court filed the petition for writ of habeas -
corpus 28 USC§2241 and provided the petitioner with docket No. However,on August
l2,2003,this court dismissed petition without prejudice for falling to exhaust
state remedies in Arizona State court.
On July 29,2003,the extradition court in Maricopa County extradited petitioner
to State of Nevada against his will and without given him an opportunity to file
writ of habeas corpus in that court to challenge the legality of the Governor' s
warrant on extradition. The extradition is a federal law and federal statutes,and
the petitioner should have faced extradition in federal court and not in State of
Arizona court,because the petitioner was in Federal Custody in Eloy Detention
Center in Eloy,Arizona. The petitioner was arrested by the Maricopa County Sheriff
in Federal Custody in Eloy,Ar1zona without charges and transported to Maricopa
County Jail to face extradition in violation of pet1tioner's constitutional rights.
On November 13,2003, the State of Nevada " Finally Discharged the Petitioner
from any further liability of Parole when he was in Federal Custody in Eloy -
Detention Center in Arizona ". The petitioner did show to Federal Agent in Eloy,
Arizona the Final Discharge from Parole from State of Nevada and he asked the
Federal Agent in E1oy,Ar1zona to release him from custody and not to turn him over
to Nevada,because the petitioner was Finally Discharged from Parole by the Nevada
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State Officials, but the Federal Agent in Eloy,Ar1zona refused to release the
petitioner to the Eifi street with address provided. The petitioner have evidence
to support this allegation that he was Finally Discharged from Parole by the State
of Nevada. The court record in Nevada clearly indicates that the petitioner has
served his sentence. At the time the State of Nevada have misled the State of
Arizona Officials to believe that the petitioner has violated the term of parole
when he was in Federal Custody in Eloy Detention Center in Ar1zona,where in fact
that there was no more parole and the petitioner was Finally Discharged from Parole
by the Nevada State Officials while in Federal Custody in Eloy,Arizona. The Arizona
State Off1c1als,the Nevada State Officials and the Federal Agents in Eloy Detention
Center in Arizona,were wrong,and they exceeded their authority to arrest and
detained the petitioner on illegal charges. The pet1t1oner's unlawful detention
EIKXIEI and extradition started in State of Arizona and ended-up in State of Nevada
prison. The petitioner have challenge the unlawful detention to Arizona State .
court's and the Nevada State Court's,but they have refused to release the petitioner
from unlawful detention. The petitions is being held as a political prisoner by
the State of Arizona and the State of Nevada aftgr he has served his sentence in
both state. This unlawful detention in State of Nevada is related case in State
of Arizona on unlawful detention and extradition when it started. The petitioner
has exhausted state court remedies in both state and requests this court for relief.
On June 30,2004, the petitioner filed writ of habeas corpus in the Superior
Court in and for the County Maricopa challenging the legality of Governor's
warrant on extradition and other issues related to this casel concerning unlawful
detention. The extradition court had not respond to pet1t1oner's writ of habeas
corpus. The petitioner than filed writ with Arizona court of appeals,and Supreme
Court of Arizona to compel the extradition court to file petition for writ of
habeas corpus and to give petitioner docket No,and to set hearing in this matter.
The Arizona Court of Appeals and the Supreme Court of Arizona denied pet1t1oner's
relief. After the petitioner was returned to Nevada Dep't of Corrections from
State of Ar1zona,the Nevada Dep't of Corrections have not allowed the petitioner
to copy his court legal documents,includ1ng exhibits in both state. Also the
law library supervisor,1n this institution has not provide the petitioner with
free access to use the law library type writers to type his legal documents to
the court. The Nevada Dep't of Corrections have denied petit1oner's access to
the court in both state. As you can see that the petitioner has tried to comply
with court's order,but he has been prevented by the authority of both state.
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For Good Cause Showing,the Pet1t:Loner,Luan Luanhasa,Resp¢-zctfully Requests
the John W. Sedw1ck,Un1ted States District Judge, to reopen petitioner's case
gr elternatly to @ allow the petitioner to f:|.1e new petition IH for writ of
habeas corpus 28 USC 52241 with this court to challenge the unlawful detention.
Dated th:i.s=Q‘}j day of%£{(JZ%O05.
? Respectfully Submitted,
1 Luan Luanhasa #32583
Petitioner in pro-per.,
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¢—— ` CERTIFICATE OF SERVICE
E I'm Luau Luanhasa,do hereby certified under " Penalty of Perjury " that
on th;I.s day of 005, I mailed the original copy of the
foregoing Pet1t1oner's " Motion to Reopen the Case ",by placing a true and
correct copy in sealed envelope,therefore in the " United States Mail " through
the law library superv1sor,for mail1ng,f1rst class postage fully prepaid and
addressed to the court.
Clerk,Un1ted States District Court
Sandra Day O'Conner U.S. Courthouse,Su1te 130
401 W. Washington ST.,1 SPC-1
Phoen1x,Ar1zona 85003+2118
EEEQQQEZE;..::éé§ZhR421aEéQ;
Luan Luanhasa
#32583
N.N.C.C.
P.0. BOX 7000
Carson C1ty,Nevada 89702
Petitioner in Pro—Per.,
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