Opinion
Civ. No. 2:12-02431 (WJM)
02-19-2013
BRAULIO BATISTA, Petitioner, v. UNITED STATES OF AMERICA Respondent.
ORDER
Pro se petitioner Braulio Batista is currently serving a 151 month term of imprisonment in a Federal Correctional Institute in Elkton, Ohio for conspiracy to distribute 150 grams or more of crack cocaine. Batista moves pursuant to 28 U.S.C. § 2241 ("Section 2241") for an order directing the Federal Bureau of Prisons to consider his request for a twelve-month prerelease placement in a residential treatment facility. Because Batista is not confined in the District of New Jersey, this Court lacks jurisdiction over Batista's Section 2241 petition. Rumsfeld v. Padilla, 542 U.S. 426, 443 (2004) ("Whenever a § 2241 habeas petitioner seeks to challenge his present physical custody within the United States, he should name his warden as respondent and file the petition in the district of confinement."); see also Burkey v. Marberry, 556 F.3d 142, 146 (3d Cir. 2009).
For the foregoing reasons and for good cause shown;
IT IS on this 19th day of February 2013, hereby,
ORDERED that Batista's Petition is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction.
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WILLIAM J. MARTINI , U.S.D.J.