Opinion
No. 3:03-CR-0434-D.
August 1, 2005
REPORT AND RECOMMENDATION
By Order of Reference dated May 5, 2005, the District Court referred defendant's "Motion for Good Time Credits" to the undersigned Magistrate Judge for hearing, if necessary, and for recommendation.
Defendant, a federal prisoner currently incarcerated in a United States Penitentiary located in Beaumont, Texas, filed the instant motion pursuant to 18 U.S.C. § 3585(b) to obtain fourteen months credit to his current sentence. Although defendant has filed the motion in his criminal action in this Court, the proper construction for such motion is a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2241. See United States v. Cleto, 956 F.2d 83, 84 (5th Cir. 1992) (per curiam). When a federal prisoner "challenges the execution of his sentence rather than the validity of his conviction and sentence", the proper vehicle is a § 2241 petition filed in the district of incarceration. Id. In fact, the district of incarceration is the only district with jurisdiction to consider such a § 2241 action. Id.
Beaumont is located in Jefferson County, Texas. Defendant's current place of incarceration is thus located in the Beaumont Division of the United States District Court for the Eastern District of Texas. See 28 U.S.C. § 124(c)(2).
Consequently, it is hereby recommended that the Court CONSTRUE defendant's "Motion for Good Time Credits" (doc. 115) as a petition filed pursuant to 28 U.S.C. § 2241 and DIRECT the Clerk of the Court to open a new civil action, file the instant motion in that action as a § 2241 petition filed April 27, 2005, and immediately transfer the new § 2241 action to the United States District Court for the Eastern District of Texas, Beaumont Division, without further judicial direction.