Opinion
4:06-CR-00408-02-WRW.
April 1, 2008
ORDER
Pending are Defendant's Motion to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. § 2255 (Doc. No. 38), Motion to Proceed In Forma Pauperis (Doc. No. 39), and Motion to Transfer Defendant Between Prisons (Doc. No. 40).
I. BACKGROUND
On January 28, 2008, Defendant was sentenced to 13 months in prison and 6 years supervised release. Defendant did not appeal her sentence.
Doc. No. 37.
In her § 2255 Motion, Plaintiff asserts violations of due process and equal protections because "[t]he 8th Circuit has ruled that all prisoners sentenced under that circuit should receive 6 months half-way house placement or at the very least be reviewed based on an individual case by case basis." Defendant contends that because she is serving her time in Texas, she has "been denied individual review based on 18 U.S.C. § 3621(b)."
Doc. No. 38.
Id.
II. DISCUSSION
A § 2255 motion is a procedure a federal prisoner can use to "collaterally attack the validity of [her] conviction in the sentencing court." Here, Plaintiff is attacking the execution of her sentence, which must be brought under 28 U.S.C. § 2241. This Court lack jurisdiction to consider the motion under either § 2255 or § 2241.
U.S. v. Hayman, 342 U.S. 205, 215 (1952).
See U.S. v. Gleason, 753 F.2d 83, 85 (8th Cir. 1985) (Holding that district court lacked jurisdiction to consider improperly filed § 2255 motion under § 2241 since the motion was not filed in the district where the prisoner was confined.).
CONCLUSION
Based on the findings of fact and conclusions of law above, Defendant's Motion to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. § 2255 (Doc. No. 38) is DENIED for want of jurisdiction. Defendant's Motion to Proceed In Forma Pauperis (Doc. No. 39) and Motion to Transfer Defendant Between Prisons (Doc. No. 40) are DENIED as MOOT.IT IS SO ORDERED.