Opinion
CIVIL ACTION NO. 5:10-CV-296 (MTT)
11-20-2012
GLEN SPEARING MATTHEWS, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER
Before the Court is Magistrate Judge Charles H. Weigle's Recommendation (Doc. 12) that the Petitioner's request for a writ of habeas corpus (Doc. 1) pursuant to 28 U.S.C. § 2241 be dismissed. The Recommendation is based on this Court's lack of jurisdiction: Section 2241 petitions must be brought in the district court for the district in which the inmate is incarcerated. Fernandez v. United States, 941 F.2d 1488, 1495 (11th Cir. 1991). The Petitioner is incarcerated at the Federal Correctional Complex in Coleman, Florida. He filed an Objection (Doc. 13) to the Recommendation but did not address the jurisdictional issue.
Pursuant to 28 U.S.C. § 636(b)(1), the Court has considered the Petitioner's objection. However, the Court agrees that it cannot exercise jurisdiction over this matter. If the Petitioner so desires, he may file this petition in the United States District Court for the Middle District of Florida.
Accordingly, the Recommendation is adopted and made the ORDER of this Court. The petition is dismissed without prejudice.
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MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT