JONES
v.
WARDEN, FCC COLEMAN, USP II
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The court held that it lacked jurisdiction to hear the habeas petition because the petitioner's custodian was located in a different federal judicial district.
A federal inmate filed a petition for habeas corpus relief concerning his sentence calculation. The inmate was housed in a federal penitentiary in Flo…
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Petitioner, a federal inmate housed at the United States Penitentiary Coleman II in Coleman, Florida, filed this petition for habeas relief pursuant to 28 U.S.C. § 2241 concerning the calculation of his sentence.
Having considered the petition and applicable law, this Court finds that this action should be transferred. Under 28 U.S.C. § 2242, a habeas petition shall name as the respondent “the person who has custody over” the petitioner. 28 U.S.C. § 2242.
Therefore, a § 2241 petition must be filed in the district having jurisdiction over the petitioner’s custodian. See Rumsfeld v. Padilla, 542 U.S. 426, 443 (2004).
Jurisdiction attaches at the time the § 2241 petition is filed. See White v. Lamanna, 42 F. App’x 670, 671 (6th Cir. 2002).
At the time he filed the instant petition, Petitioner was (and remains) incarcerated at the United States Penitentiary Coleman II, which is in Sumter County, Florida. This Court does not have jurisdiction over Petitioner’s current custodian in Florida and thus lacks jurisdiction to consider this petition. Rather, jurisdiction lies in the United States District Court for the Middle District of Florida, see 28 U.S.C. § 89(b), and the Court finds that the interests of justice require that this action be transferred to that District. See 28 U.S.C. § 1631 (“Whenever a civil action is filed in a court . . . and that court finds that there is a want of jurisdiction, the court shall, if it is in the interest of justice, transfer such action or appeal to any other such court in which the action or appeal could have been brought at the time it was filed or noticed[.]”).
Accordingly, the Clerk will be DIRECTED to TRANSFER this entire action to the United
States District Court for the Middle District of Florida for further disposition.
AN APPROPRIATE ORDER WILL ENTER. IT IS SO ORDERED.
ENTER:
s/ Leon Jordan United States District Judge