Cooper v. Strafford County Department of Corrections, Superintendent

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE
Charles C. Cooper
v. Civil NO. 17-cv-026-LM
Strafford County Department of Corrections
Superintendent Bruce Pelkie; and ICE Field
Office Director, Boston Field Office,
Enforcement and Removal Operations
REPORT AND RECOMMENDATION
Charles Cooper, a citizen of Liberia currently in the
custody of Immigration and Customs Enforcement (“ICE”), has
filed a petition for a writ of habeas corpus pursuant to 28
U.S.C. § 2241 (Doc. No. 1). Before the court is the federal
respondent’s motion to dismiss (Doc. No. 19). Cooper objects.
See Doc. No. 20.
For reasons stated in the federal respondent’s memorandum
(Doc. No. 19-1), and for reasons stated in this court’s May 16,
2017 Order (Doc. No. 11), this court lacks subject matter
jurisdiction over this petition. As nothing before this court
indicates that the First Circuit had jurisdiction over Cooper’s
claims on the date he filed this action, January 20, 2017, it
does not appear that a transfer to that court would be proper or
in the interests of justice, under 28 U.S.C. § 1631.
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Accordingly, the district judge should grant the motion to
dismiss (Doc. No. 19). All other pending motions (Doc. Nos. 17,
18) should be denied as moot.
Any objections to this Report and Recommendation must be
filed within fourteen days of receipt of this notice. See Fed.
R. Civ. P. 72(b)(2). The fourteen-day period may be extended
upon motion. Failure to file specific written objections to the
Report and Recommendation within the specified time waives the
right to appeal the district court’s order. See Santos-Santos
v. Torres-Centeno, 842 F.3d 163, 168 (1st Cir. 2016).
________________________________
Andrea K. Johnstone
United States Magistrate Judge
June 30, 2017
cc: Charles C. Cooper, pro se
Seth R. Aframe, Esq.
Christina Parascandola, Esq.
Case 1:17-cv-00026-LM Document 22 Filed 06/30/17 Page 2 of 2