Free Order Dismissing Petition for Writ of Habeas Corpus - District Court of Delaware - Delaware

Case 1 :07-cv—00546-GIVIS Document 4 Filed 10/11/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTIUCT OF DELAWARE
JAN F. BECKER, )
)
Petitioner, )
)
v. ) Civil Action No. 07-546-GMS
)
STUART C. HUDSON, Warden, )
and ATTORNEY GENERAL OF )
THE STATE OF DELAWARE, )
et. al., )
)
Respondents. )
O R D E R
fh
At Wilmington this U day of , 2007;
IT IS ORDERED that:
1. Petitioner Jan F. Becker’s Motion for Leave to Proceed In Forma Pauperis is
provisionally GRANTED with respect to this Order. (D.I. 1.)
2. Pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United District
Court, 28 U.S.C. f`oll. § 2254, Becker’s pro se petition for the writ of habeas corpus pursuant to
28 U.S.C. § 2254 is DISMISSED without prejudice. (D.I. 2.)
Becker challenges a conviction entered by the Holmes County Court of Common Pleas,
located in the State of Ohio, and he is presently incarcerated at the Mansfield Correctional
Institution in Mansfield, Ohio. (D.I. 2.) This court is located in the State of Delaware, and
therefore, it does not have jurisdiction to review Becker’s habeas petition. See 28 U.S.C. §
224l(d)(petition may be filed either in the district "wherein such person is in custody or . . . the
district within which State court was held which convicted and sentenced him").

Case 1:07-cv—00546-G|\/IS Document 4 Filed 10/11/2007 Page 2 of 2
Further, Becker has filed numerous habeas petitions in federal district courts located
throughout the country, including California, Connecticut, Kentucky, Missouri, Ohio, New York,
Tennessee, Georgia, Florida, North Carolina, and Pemrsylvania. While some of those petitions
are still pending before the various courts, many of those petitions have been denied. See, e. g. ,
Becker v. Hudson, 2007 WL 1455821 (N.D. Fla. May 15, 2007); Becker v. Hudson, 2007 WL
1035009 (W.D. Ky. Apr. 2, 2007); Becker v. Hudson, 2006 WL 379152 (S.D. Oh. Dec. 22,
2006). The record is clear that Becker has not obtained an order from the Court of Appeals for
the Third Circuit authorizing this district court to consider the instant § 2254 petition. See 28
U.S.C. § 2244(b)(3). Accordingly, pursuant to 28 U.S.C. § 2244(a), the court alternatively
dismisses Becker’s petition as successive, and declines to transfer the case to a federal court in
Ohio because such a transfer would not be in "furtherance ofjustice." 28 U.S.C. § 2241(d); 28
U.S.C. § 1406(a).
3. The court declines to issue a certificate of appealability. See 28 U.S.C. § 2253(c)(2);
United States v. Eyer, 113 F.3d 470 (3d Cir. 1997); 3rd Cir. Local Appellate Rule 22.2 (2000).
4. The clerk of the court is directed to mail a copy of this order to Becker at his address
of record.
‘““"F 1 L E D
UC I- l 1 YY
2
¤lé;?¤l%!$E§‘é%TEE§’$Z§E

Case 1:07-cv-00546-GMS

Document 4

Filed 10/11/2007

Page 1 of 2

Case 1:07-cv-00546-GMS

Document 4

Filed 10/11/2007

Page 2 of 2