Opinion
Civil Action No. 13-01781 (TFH)
02-04-2015
JESSE R. REDMOND, JR., Petitioner, v. CHARLES E. SAMUELS, JR., Defendant.
MEMORANDUM OPINION
Pending before the Court are a (1) Petition for a Writ of Habeas Corpus Pursuant to Title 28 U.S.C. 2241 [ECF No. 1] and (2) Motion for Clarification on Pending Petition for a Writ of Habeas Corpus Pending Since January 07, 2013 Before the Court [ECF No. 4]. The petitioner contends that he was deprived of due process protections during disciplinary proceedings that took place at the U.S. Penitentiary-Lewisburg and that he was unlawfully transferred to a new prison as a result. Mem. of P. & A. In Support of Pet. for Writ of Habeas Corpus 2-5. The petitioner's petition reflects that he is currently incarcerated at the U.S. Penitentiary-McCreary, which is located in Pine Knot, Kentucky. Pet. 1. Because a petition for a writ of habeas corpus that was filed pursuant to 28 U.S.C. § 2241 must be filed in the district in which the petitioner is confined, see Rumsfeld v. Padilla, 542 U.S. 426, 443 (2004) (stating that "for core habeas petitions challenging present physical confinement, jurisdiction lies in only one district: the district of confinement"), this Court lacks jurisdiction and will transfer the petition to the United States District Court for the Eastern District of Kentucky, which appears to have jurisdiction. See Chatman-Bey v. Thornburgh, 864 F.2d 804, 814 (D.C. Cir. 1988) (noting that "it would not be inappropriate" to transfer a habeas case "sua sponte to the jurisdiction of confinement"). In light of this disposition, the Court will deny as moot the petitioner's Motion for Clarification on Pending Petition for a Writ of Habeas Corpus Pending Since January 07, 2013. An appropriate order will accompany this opinion. February 4, 2015
/s/_________
Thomas F. Hogan
Senior United States District Judge