WRIGHT
v.
JAMISON
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The court held that the case should be transferred to the Middle District of Florida because the petitioner was convicted and sentenced there.
Petitioner, a federal prisoner, filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2241, challenging his conviction and alleging a …
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LAURA TAYLOR SWAIN, Chief United States District Judge: Petitioner, who is currently incarcerated at FCI Otisville, brings this pro se petition for a writ of habeas corpus under 28 U.S.C. § 2241. Petitioner challenges his conviction in the United States District Court for the Middle District of Florida. See United States v. Wright, No. 8:16- CR-0422 (KKM) (SPF) (M.D. Fla. June 22, 2018), aff’d, No. 18-12678 (11th Cir. Sept. 2, 2020).
He alleges that his indictment was constitutionally defective. For the following reasons, this action is transferred to the United States District Court for the Middle District of Florida. Petitioner brings this application under 28 U.S.C. § 2241. Because Petitioner is challenging the validity of his sentence rather than its execution, the proper vehicle for this petition may be 28 U.S.C. § 2255.1 See Jiminian v. Nash, 245 F. 3d 144, 146-47 (2d Cir. 2001) (Section 2255 “is generally the proper vehicle for a federal prisoner’s challenge to his conviction and sentence.”).
The Court declines to treat this application as a motion under Section 2255; however, nothing in this order should interfere with the transferee court’s discretion to construe this petition liberally and to notify Petitioner of such recharacterization. See Castro v. United
CONCLUSION
In the interest of justice, the Court directs the Clerk of Court to transfer this action to the United States District Court for the Middle District of Florida. See 28 U.S.C. § 1631. Whether Petitioner should be permitted to proceed further without payment of fees is a determination to be made by the transferee court. This order closes this case in this court. Because the petition makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).
SO ORDERED.
Dated: March1, 2023 New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Coppedge v. United States, 369 U.S. 438 (U.S. 1962)
- Castro v. United States, 540 U.S. 375 (U.S. 2003)