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Robinson v. Brewer

United States District Court, Eastern District of California
Jun 14, 2022
2:22-cv-0934 DB P (E.D. Cal. Jun. 14, 2022)

Opinion

2:22-cv-0934 DB P

06-14-2022

ANTOINE DWAYNE ROBINSON, Petitioner, v. DAVID BREWER, Respondent.


ORDER

DEBORAH BARNES UNTIED STATES MAGISTRATE JUDGE

Petitioner, a federal inmate proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2255.Based on the information provided in the petition, petitioner was sentenced by the U.S. District Court for the Eastern District of Oklahoma. (ECF No. 1 at 1.) Petitioner seeks to challenge this sentence. (Id.) The sentencing court is the only court with jurisdiction over a § 2255 motion. Braden v. 30th Judicial Circuit Court, 410 U.S. 484, 497 (1973); Harrison v. Ollison, 519 F.3d 952, 956 (9th Cir. 2008). Accordingly, this action will be transferred to the court which originally sentenced petitioner.

Petitioner's application was filed on a form for petition of writ of habeas corpus pursuant to 28 U.S.C. § 2241. However, in the petition, petitioner states that he seeks to challenge a sentence resulting from a federal conviction. As such, this petition properly construed as a petition brought pursuant to 28 U.S.C. § 2255. See Porter v. Adams, 244 F.3d 1006, 1006 (9th Cir. 2001) (“[a] section 2255 motion to the sentencing court is generally the proper vehicle for challenging a conviction”).

Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that this matter is transferred to the United States District Court for the Eastern District of Oklahoma.


Summaries of

Robinson v. Brewer

United States District Court, Eastern District of California
Jun 14, 2022
2:22-cv-0934 DB P (E.D. Cal. Jun. 14, 2022)
Case details for

Robinson v. Brewer

Case Details

Full title:ANTOINE DWAYNE ROBINSON, Petitioner, v. DAVID BREWER, Respondent.

Court:United States District Court, Eastern District of California

Date published: Jun 14, 2022

Citations

2:22-cv-0934 DB P (E.D. Cal. Jun. 14, 2022)