Opinion
CIVIL ACTION NO.: 14-00015-BAJ-RLB
10-21-2014
EUGENE C. WILLIAMS v. UNITED STATES OF AMERICA, ET AL.
RULING AND ORDER
Before the Court is Petitioner's pro se petition for habeas corpus pursuant to 28 U.S.C. § 2241 (Doc. 1). The Magistrate Judge has issued a Report and Recommendation (Doc. 4), recommending that Petitioner's petition be dismissed without prejudice. Petitioner did not file objections to the Magistrate Judge's Report.
Having independently considered Petitioner's PETITION (Doc. 1) and related filings, the Court APPROVES the Magistrate Judge's REPORT AND RECOMMENDATION (Doc. 4), and ADOPTS it as the Court's opinion herein.
Although Petitioner was sentenced in this Court, he is currently confined in Pollock Medium Facility, located in the Western District of Louisiana. The Fifth Circuit has firmly held that a habeas corpus petition that "attacks the manner in which a sentence is carried out or the prison authorities' determination of its duration . . . must be filed in the same district where the prisoner is incarcerated." Pack v. Yusuff. 218 F.3d 448. 451 (5th Cir. 2000).
Accordingly.
IT IS ORDERED that Petitioner's §2241 Petition is DISMISSED WITHOUT PREJUDICE for the reasons explained in the Magistrate Judge's Report and Recommendation. Petitioner may file the petition in the appropriate court if he desires.
Baton Rouge, Louisiana, this 21st day of October, 2014.
/s/_________
BRIAN A. JACKSON, CHIEF JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA