Opinion
1:24-cv-775
08-15-2024
LATONYA RICHARDSON-BROWN, Defendant-Movant, v. USA, Plaintiff-Respondent.
ORDER OF TRANSFER
Jane M. Beckering United States District Judge
On July 29, 2024, Latonya Richardson-Brown, a federal prisoner, filed a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255 (“§ 2255 motion”) in this Court, challenging her conviction and sentence in the United States District Court for the Eastern District of Michigan. (ECF No. 1.)
The Clerk will be directed to update the docket to reflect that this action is a § 2255 motion with “510” as the nature of suit.
Section 2255 motions must be filed in the district where the defendant was sentenced. See In Re Gregory, 181 F.3d 713, 714 (6th Cir. 1999); see 28 U.S.C. § 2255(a) (stating that a defendantmovant “may move the court which imposed the sentence to vacate, set aside or correct the sentence”). When, as is the case here, a district court lacks jurisdiction over a matter, under 28 U.S.C. § 1631, the district court is required to transfer the action to the appropriate federal jurisdiction “if it is in the interest of justice.” 28 U.S.C. § 1631; see Roman v. Ashcroft, 340 F.3d 314, 328 (6th Cir. 2003).
Here, Ms. Richardson-Brown was convicted and sentenced in the United States District Court for the Eastern District of Michigan, and her § 2255 motion must be filed in that Court. Accordingly, the Court will transfer this action to the United States District Court for the Eastern District of Michigan.
Accordingly, IT IS ORDERED that the Clerk shall update the docket to reflect that this action is a § 2255 motion with “510” as the nature of suit.
IT IS FURTHER ORDERED that this case is hereby transferred to the United States District Court for the Eastern District of Michigan.