Opinion
Civil Action No. 3:19CV781
01-10-2020
CHRISTOPHER W. ODEN, Petitioner, v. ERIC WILSON, Respondent.
MEMORANDUM OPINION
Christopher W. Oden, a federal inmate proceeding pro se, submitted this 28 U.S.C. § 2241 Petition. In his §2241 Petition, Oden challenges an institutional disciplinary hearing. (ECF No. 1, at 2.) Oden is currently incarcerated in "U.S.P. Marion" in Marion, Illinois. (Id. at 1.) As this court previously informed Oden, "[w]henever 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." Oden v. Wilson, No. 3:17CV286, 2018 WL 359478, at *4 n.5 (E.D. Va. Jan. 10, 2018) (emphasis added) (quoting Rumsfeld v. Padilla, 542 U.S. 426, 447 (2004)). Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. Oden remains free to refile the action in the district of his confinement.
An appropriate Order shall accompany this Memorandum Opinion
/s/_________
John A. Gibney, Jr.
United States District Judge Date: 10 January 2020
Richmond, Virginia