United States District Court, M.D. Pennsylvania
September 29, 2005.
EDUARDO BAUTISTA-BERROA, Petitioner,
KENNETH J. ELLWOOD, Respondent.
The opinion of the court was delivered by: A. CAPUTO, District Judge
Petitioner, Eduardo Bautista-Berroa (A77 625 572), formerly an
inmate at the Allenwood Federal Correctional Institution in White
Deer, Pennsylvania, commenced this action with a pro se
petition for writ of habeas corpus filed pursuant to the
provisions of 28 U.S.C. § 2241. Petitioner, a native and citizen
of the Dominican Republic, was ordered removed from the United
States, and he commenced the instant action to challenge his
On September 16, 2005, the Court issued an Order (Doc. 14)
directing the parties to notify the Court whether transfer of the
action under the Real ID Act of 2005 would be appropriate.
Subsequently, Petitioner's service copy of the Order was returned
to the Court as undeliverable. Upon further investigation, the
Court has discovered that Petitioner was removed from the United
States, to the Dominican Republic, on May 4, 2005, and the Court
has no forwarding address for Petitioner. Thus, neither the Court
nor Respondent can communicate with Petitioner, and maintenance
of this case on the Court's docket would be impractical.
Therefore, the Court is satisfied that dismissal of this action, without prejudice, is appropriate in the present circumstances to
preserve judicial resources.
ACCORDINGLY, THIS 29th DAY OF SEPTEMBER, 2005, IT IS HEREBY
1. The petition for writ of habeas corpus (Doc. 1) is
DISMISSED, without prejudice to the rights of the
2. The Clerk of Court is directed to close this case.
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