LAURETI
v.
WARDEN FCI-MIAMI
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The court held that a petition for writ of habeas corpus under 28 U.S.C. § 2241 must be filed in the district of confinement, and therefore, the case must be transferred.
Petitioner filed a petition for writ of habeas corpus. The Magistrate Judge issued a Report and Recommendation. Petitioner filed what he styled as obj…
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This Court has considered, without hearing, the Magistrate Judge’s Report and Recommendation, ECF No. 11, and has also reviewed de novo Petitioner’s objections, ECF No. 12. Even construed generously, Petitioner’s “objections” (which he styles as a “Notice to the Court”) are not so much objections as an attempt to inform this Court where this case should be transferred. See ECF No. 12 at 1–2. Out of an abundance of caution, however, this Court will review the Report and Recommendation de novo as if Petitioner objected to its contents. Upon de novo review, the Report and Recommendation is correct. Because Petitioner seeks relief under 28 U.S.C. § 2241, only a court inside the district where Petitioner is confined has jurisdiction over this case. See United States v. Saldana, 273 F. App’x 845, 846 (11th Cir. 2008) (citing Ledesma v. United States, 445 F. 2d 1323, 1323–24 (5th Cir. 1971)).1 Accordingly,
IT IS ORDERED: 1. The petition for writ of habeas corpus, ECF No. 1, is TRANSFERRED to the United States District Court for the Eastern District of Kentucky.
2. The Clerk shall send a copy of this Order to Petitioner at his new address: USP McCreary, U.S. Penitentiary, Satellite Camp, P.O. Box, 3000, Pine Knot, KY 42635. 3. The Clerk shall also amend the docket to reflect this address.
4. The Clerk shall close the file.
SO ORDERED on December 6, 2023.
s/Mark E. Walker ____ Chief United States District Judge
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Citator
Authorities Cited
- Bonner v. City OF Prichard, 661 F.2d 1206 (11th Cir. 1981)
- Ledesma v. United States, 445 F.2d 1323 (5th Cir. 1971)