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Sandy v. United States

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
Mar 10, 2021
CIVIL ACTION NO. 20-3290 (E.D. Pa. Mar. 10, 2021)

Opinion

CIVIL ACTION NO. 20-3290 CRIMINAL NO. 04-324

03-10-2021

KESTER SANDY v. UNITED STATES OF AMERICA


MEMORANDUM Savage, J.

Petitioner Kester Sandy, who is currently an inmate in Otisville Correctional Facility, Otisville, New York, has filed a habeas corpus petition under 28 U.S.C. § 2241. He is serving a sentence imposed by a New York state court. The government has moved to dismiss the habeas petition for lack of jurisdiction because Sandy is not in federal custody in this district.

A habeas petition filed under § 2241 must be filed in the district where the prisoner is confined, and the prisoner must name the custodian at the facility where he is being held as the respondent. Rumsfeld v. Padilla, 542 U.S. 426, 435 (2004). The proper respondent is "the person who has custody over [the petitioner]." Id. At 434.

Petitioner is housed at Otisville Correctional Facility, Otisville, New York. The institution is in the Southern District of New York. Therefore, the petition should have been filed in that district, not this district.

Additionally, Sandy has named the United States of America as the respondent instead of his custodian. The proper respondent is his present custodian in Otisville Correctional Facility where Sandy is housed.

Because Sandy has filed his § 2241 petition in the wrong district court and has not named the proper respondent, we shall dismiss his petition without prejudice to his right to bring a § 2241 habeas petition in the proper district naming the appropriate respondent.


Summaries of

Sandy v. United States

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
Mar 10, 2021
CIVIL ACTION NO. 20-3290 (E.D. Pa. Mar. 10, 2021)
Case details for

Sandy v. United States

Case Details

Full title:KESTER SANDY v. UNITED STATES OF AMERICA

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Date published: Mar 10, 2021

Citations

CIVIL ACTION NO. 20-3290 (E.D. Pa. Mar. 10, 2021)