DIXON
v.
POLISKNOWSKI
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A pro se prisoner filed a federal habeas corpus petition under 28 U.S.C. § 2241 in the Orlando Division of the Northern District of Florida. The court ordered transfer of the case to the Tallahassee Division where the petitioner is actually incarcerated, as jurisdiction over § 2241 petitions is limited to the district where the inmate is confined.
The Orlando Division lacks proper jurisdiction. A § 2241 petition may be brought only in the district court for the district in which the inmate is incarcerated. Accordingly, the case must be transferred to the Tallahassee Division.
“a section 2241 petition "may be brought only in the district court for the district in which the inmate is incarcerated."”
Establishes the jurisdictional requirement for federal habeas corpus petitions under 28 U.S.C. § 2241
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Join FLexlaw to unlock all legal intelligencePetitioner Dixon, proceeding pro se, filed a habeas corpus petition in the Orlando Division of the Northern District of Florida. He is committed to th…
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Petitioner, a prisoner proceeding pro se, initiated this action by filing in this district a petition for writ of habeas corpus under 28 U.S.C. § 2241. (See Dkt. 1.) Petitioner is committed to the custody of Florida’s Department of Children and Families and confined at the Florida State Hospital in Gadsden County, Florida. (See id. at 1.) Accordingly, he is incarcerated in the Tallahassee Division of the Northern District of Florida. See N.D. Fla. Loc. R. 3.1(A)(3). A section 2241 petition “may be brought only in the district court for the district in which the inmate is incarcerated.” Fernandez v. United States, 941 F. 2d 1488, 1495 (11th Cir. 1991); accord Rumsfeld v. Padilla, 542 U.S. 426, 442 (2004) (“District courts are limited to granting habeas relief ‘within their respective jurisdictions.’” (quoting 28 U.S.C. § 2241(a))). Because Petitioner is incarcerated in the Tallahassee Division of the Northern District of Florida, it is proper to transfer this action to that court. See 28 U.S.C. § 1404(a) (“[I]n the interest of justice, a district court may transfer any civil Accordingly, the Clerk of the Court is DIRECTED to transfer this case to the Tallahassee Division of the Northern District of Florida for all further proceedings. ORDERED in Orlando, Florida, on June 23, 2025.
rhe ie
JUFIE S. SNEED
UNITED STATES DISTRICT JUDGE
Copies furnished to: Unrepresented Parties
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Citator
Authorities Cited
- Rumsfeld v. Padilla, 542 U.S. 426 (U.S. 2004)
- Fernandez v. United States, 941 F.2d 1488 (11th Cir. 1991)