Gross v. Carvajal

Full title: ANDREW GROSS, Petitioner v. MICHAEL D. CARVAJAL, Respondent

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION

Date published: Aug 4, 2015

CIVIL ACTION SECTION "P" NO. 1:15-CV-01869 (W.D. La. Aug. 4, 2015)

Opinion

CIVIL ACTION SECTION "P" NO. 1:15-CV-01869

08-04-2015

ANDREW GROSS, Petitioner v. MICHAEL D. CARVAJAL, Respondent

MAGISTRATE JUDGE JAMES D. KIRK

JUDGE DEE D. DRELL

MEMORANDUM ORDER

Andrew Gross filed a Section 2241 habeas petition, attacking the Bureau of Prison's calculation of his sentence and challenging his place of incarceration, in this court on June 10, 2015, when he was incarcerated in USP-Pollock in Pollock, Louisiana (Doc. 1). Gross was subsequently transferred to USP-Canaan in Waymart, Pennsylvania and filed a motion to have his petition transferred to the United States District Court for the Middle District of Pennsylvania, Scranton Division (Doc. 5).

Jurisdiction over a Section 2241 petition lies in the district where the petitioner is incarcerated. Lee v. Wetzel, 244 F.3d 370, 373 (5^th Cir. 2001). Accordingly,

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IT IS ORDERED that Gross' Section 2241 petition be transferred to the United States District Court for the Middle District of Pennsylvania, Scranton Division.

THUS DONE AND SIGNED in Alexandria, Louisiana, on this 4 day of August 2015.

/s/_________

JAMES D. KIRK

UNITED STATES MAGISTRATE JUDGE