Medcalf v. Dewalt Et Al - Document No. 4
Medcalf v. Dewalt Et Al - Document No. 4
Medcalf v. Dewalt Et Al - Document No. 4
v.
Petitioner Lonnetta S. Medcalf, a federal prisoner, filed a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2241, seeking “immediate placement in a halfway house now know as
Residential Re-entry Center (RRC)” (DN 1). On preliminary review, the Court concludes that it is
without jurisdiction to consider the petition, as “courts have uniformly held . . . that claims seeking
to challenge the execution or manner in which the sentence is served shall be filed in the court
having jurisdiction over the prisoner’s custodian.” Charles v. Chandler, 180 F.3d 753, 755-56 (6th
Cir. 1999) (citations omitted); Rumsfeld v. Padilla, 542 U.S. 426, 443 (2004) (“The plain language
of the habeas statute [] confirms the general rule that for core habeas petitions challenging present
physical confinement, jurisdiction lies in only one district: the district of confinement.”); see also
United States v. Jenkins, No. 98-6287, 2001 WL 128435, at * 2 (6th Cir. Feb. 6, 2001) (concluding
that the Western District of Kentucky properly determined that it lacked jurisdiction to consider the
§ 2241 petition filed while the petitioner was confined in the Federal Correctional Institute in
Manchester, Kentucky, which is located in the London Division of the Eastern District of
Kentucky).
Dockets.Justia.com
In the present case, Petitioner is in the custody of Warden Stephen Dewalt at the Federal
Medical Center in Lexington, Kentucky, which is located in the Lexington Division of the United
States District Court for the Eastern District of Kentucky. See 28 U.S.C. § 97. In the interest of
justice, this Court will transfer this action to the Eastern District of Kentucky. See 28 U.S.C.
§ 1631.1
§ 2241 is TRANSFERRED to the United States District Court for the Eastern District of
Unless otherwise advised by the United States District Court for the Eastern District of
Kentucky, Petitioner is directed to send all future filings with respect to this action to the
Clerk, U.S. District Court, 101 Barr St. Room 206, P.O. Drawer 3074, Lexington, KY 40588-
3074.
1
Pursuant to 28 U.S.C. § 1631, “Whenever a civil action is filed in a court . . . and that court finds that there
is a want of jurisdiction, the court shall, if it is in the interest of justice, transfer such action . . . to any other such
court in which the action . . . could have been brought at the time it was filed or noticed, . . . .”