Gaskins v. Attorney General, the District of Columbia ( 2016 )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
)
ZAKIYA GASKINS, )
)
Plaintiff, )
)
v. ) Civil Action No. 15-cv-2065 (TSC)
)
)
ATTORNEY GENERAL, THE )
DISTRICT OF COLUMBIA, et al., )
)
Defendants. )
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MEMORANDUM OPINION
Plaintiff Zakiya Gaskins brings this writ of habeas corpus petition pursuant to 28 U.S.C.
§ 2254. Gaskins was sentenced by a District of Columbia Superior Court judge to 90 months
imprisonment and 10 years supervised release for child sex abuse. In this action, Gaskins claims
that her sentence violated her constitutional right to be free from cruel and unusual punishment.
On April 13, 2016, the court issued an order advising Plaintiff, who is represented by
counsel, that she had until May 10, 2016 to show cause why the court should not dismiss this
action for lack of jurisdiction. See D.C. Code § 23-110(g); § 23-110(a); Williams v.
Martinez, 586 F.3d 995, 998 (D.C. Cir. 2009) (federal courts do not have jurisdiction
to hear habeas petitions by prisoners who could have raised their claims in the District
of Columbia courts under D.C. code § 23-110(a). The court also advised Plaintiff that
if she failed to respond to the show cause order, she risked dismissal of this action
without further notice.
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Plaintiff has not responded to the show cause order, nor has she sought an
extension of time in which to respond. Accordingly, the court will dismiss this action.
Date: May 16, 2016
Tanya S. Chutkan
TANYA S. CHUTKAN
United States District Judge
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