Opinion
21-cv-08452-JCS (PR)
11-03-2021
STEVEN MICHAEL SANDSTROM, Petitioner, v. WARDEN, Respondent.
ORDER OF TRANSFER
JOSEPH C. SPERO, Chief Magistrate Judge
Petitioner, a federal prisoner who was convicted in Missouri and is housed at USP Atwater in the Eastern District of California, seeks habeas relief from his federal convictions. As a general rule, federal prisoners must pursue such relief by way of a 28 U.S.C. § 2255 petition filed in the district of conviction. Here, however, petitioner seeks relief under 28 U.S.C. § 2241 on grounds that § 2255 is an inadequate means to test the legality of his convictions. (Pet., Dkt. No. 1 at 10.)
“[F]or core habeas petitions challenging present physical confinement [under § 2241], jurisdiction lies in only one district: the district of confinement.” Rumsfeld v. Padilla, 542 U.S. 426, 442-43 (2004). Accordingly, this action is TRANSFERRED to the Eastern District of California as that is the district of confinement. 28 U.S.C. §§ 1404(a), 2241(b). The Clerk shall transfer this action forthwith.
IT IS SO ORDERED.