Opinion
Case No. 8:12-CV-1573-T-30MAP
07-24-2012
DENNIS R. COOKISH, Petitioner, v. PAIGE AUGUSTINE, WARDEN, FCI, MARIANNA, et al., Respondents.
ORDER
This matter is before the Court for consideration of Petitioner's 28 U.S.C. § 2241 petition for writ of habeas corpus ("petition") (Dkt. 1), memorandum of law in support of the petition (Dkt. 2), and motion to proceed in this action in forma pauperis (Dkt. 3). Upon consideration of Petitioner's petition and memorandum of law, the Court concludes that this action should be dismissed without prejudice.
Because Petitioner is incarcerated in a federal prison facility located in Marianna, Florida, he should have filed his petition with a federal district court located in that geographic area, i.e., the United States District Court, Northern District of Florida. See United States v. Saldana, 273 Fed.Appx. 845, 846 (11th Cir. 2008) (unpublished opinion) (stating that "[o]nly a court inside the district where the petitioner is confined has jurisdiction to grant relief pursuant to a § 2241 petition") (citations omitted). See also Lee v. Wetzel, 244 F.3d 370, 373 (5th Cir.2001) ("the district of incarceration is the only district that has jurisdiction to entertain a defendant's § 2241 petition") (citations omitted).
The Court takes judicial notice of information available July 23, 2012, on the database maintained by the Clerk of the Court, Sixth Judicial Circuit, Pinellas County, Florida, http://www.pinellasclerk.org, which indicates that a sentencing hearing is scheduled for September 14, 2012, in both cases CRC-0021654-CFANO and CRC-0105168-CFANO. Therefore, Petitioner's criminal proceedings remain pending before the state trial court. Consequently, the Court cannot recharacterize the petition as filed pursuant to 28 U.S.C. § 2254. See Medberry v. Crosby, 351 F.3d 1049, 1060 (11th Cir. 2003). See also Maharaj v. Sec'y Dep't of Corr., 304 F.3d 1345 (11th Cir. 2002) (finding federal habeas petition was not ripe for review when state judgment was not yet final).
ACCORDINGLY, the Court ORDERS that:
1. The petition (Dkt. 1) is DISMISSED without prejudice to Petitioner filing the petition in the appropriate court.
2. The Clerk shall terminate any pending motions, and close this case.
DONE and ORDERED in Tampa, Florida on July 24, 2012.
_________________
JAMES S. MOODY, JR.
UNITED STATES DISTRICT JUDGE
SA:sfc
Copy to: Petitioner pro se