Cause No. 3:09-CV-234 RMORDER
On May 22, 2009, Annette Lundeby filed a document with the court captioned as a petition for habeas corpus under 28 U.S.C. §§ 2241 and 2242. Ms. Lundeby filed the petition on behalf of her minor son, A.L., who awaits decision on the government's motion in this court to transfer him to adult jurisdiction. Mrs. Lundeby asserts various objections to the ongoing proceedings, including due process and subject matter jurisdiction challenges. Mrs. Lundeby asks that the court issue a writ of habeas corpus releasing A.L. from pretrial detention and placing him on supervised release pending final resolution of his case. On May 26, Mrs. Lundeby filed an amended petition, substantially identical in substance to the first filed petition. ...
... A.L. already has challenged his pretrial detention unsuccessfully and may take an interlocutory appeal of his pretrial detention. Fed. R. App. P. 9 provides that a party may obtain review of a district court order regarding detention of a defendant before judgment of conviction. Mrs. Lundeby hasn't identified any nonfrivolous basis for pursuing habeas relief in advance of trial. ...
Accordingly, the court DENIES A.L.'s first pretrial application for writ of habeas corpus [Doc. No. 1] and A.L.'s first amended pretrial application for writ of habeas corpus [Doc. No. 3] and DISMISSES the action without prejudice.
SO ORDERED.
ENTERED: June 3, 2009
/s/ Robert L. Miller, Jr.
Chief Judge
United States District Court
Mrs. Lundeby is appealing the order. This case tells us nothing about the timing of the indictment or how Ashton's relocation from North Carolina to Indiana is in conformity with the relevant federal statutes that pertain to relocation of juveniles.