Opinion
Civil Action No. 6: 17-187-DCR
08-28-2017
HORACE S. CAUDLE, Petitioner, v. J. RAY ORMOND, Warden, Respondent.
MEMORANDUM ORDER
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Inmate Horace S. Caudle is confined at the United States Penitentiary - McCreary in Pine Knot, Kentucky. Proceeding without an attorney, Caudle filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 in which he seeks to challenge the validity of his underlying sentence. [Record No. 1]. Caudle then moved for leave to file a supplemental memorandum in support of his petition. [Record No. 3].
This Court granted Caudle's motion for leave and indicated that, subject to intervening orders, he may file a supplemental memorandum within 30 days. [Record No. 4]. That additional time has passed, but Caudle has not filed his supplemental memorandum. More importantly, Caudle recently filed a motion to vacate his sentence pursuant to 28 U.S.C. § 2255, and that motion remains pending before the United States District Court for the Northern District of Alabama. See Horace Caudle v. United States, No. 5:17-cv-8019-RDP (N.D. Ala. 2017). Since a § 2255 motion is the correct mechanism for a federal prisoner to challenge his sentence, Caudle's § 2241 petition will be denied. Simply put, Caudle must fully litigate his § 2255 motion in the Northern District of Alabama before he may even attempt to seek relief from this Court pursuant to § 2241. See White v. Grondolsky, No. 6:06-cv-309-DCR, 2006 WL 2385358, *3 (E.D. Ky. 2006) ("[T]he Petitioner must first pursue his trial court remedy under § 2255 before he may seek relief under § 2241."). Accordingly, it is hereby
ORDERED as follows:
1. Caudle's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 [Record No. 1] is DENIED, without prejudice.
2. This action is STRICKEN from the Court's docket.
This 28th day of August, 2017.
Signed By:
Danny C . Reeves
United States District Judge