United States of America, Plaintiff-appellee, v. Danny Nick Porter, Defendant-appellant, 904 F.2d 702 (4th Cir. 1990)

Danny Nick Porter appeals from the district court's order denying Porter's motion for credit for time served. A request for credit for time served is properly pursued under 28 U.S.C. § 2241 after exhaustion of administrative remedies. The Sec. 2241 petition must be brought in the district court with jurisdiction over the person who holds petitioner in custody. See United States v. Brown, 753 F.2d 455 (5th Cir. 1985). Since Porter is incarcerated in North Carolina, any claim for credit must be brought in the district court there. We accordingly vacate the district court's denial of relief on the ground that the court lacked jurisdiction to entertain the request for credit, modify the judgment to show a dismissal for a lack of jurisdiction, and dismiss the appeal. We dispense with oral argument because the case is adequately presented in the record and briefs, and oral argument is unnecessary.

VACATED AND DISMISSED