Cyrus Vance v. USA, et al., No. 11-15312 (11th Cir. 2012)

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Case: 11-15312 Date Filed: 08/06/2012 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 11-15312 Non-Argument Calendar ________________________ D.C. Docket No. 0:11-cv-61745-KAM CYRUS VANCE, llllllllllllllllllllllllllllllllllllll l lPetitioner-Appellant, versus UNITED STATES OF AMERICA, FCC COLEMAN - MEDIUM WARDEN, lllllllllllllllllllllllllllllllllllllll l Respondents-Appellees. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (August 6, 2012) Before PRYOR, FAY, and EDMONDSON, Circuit Judges. PER CURIAM: Cyrus Vance, a federal prisoner, appeals pro se the denial of his petition for Case: 11-15312 Date Filed: 08/06/2012 Page: 2 of 2 a writ of habeas corpus. 28 U.S.C. § 2241. The government argues, and Vance concedes, that the district court lacked subject-matter jurisdiction to entertain the petition because [s]ection 2241 petitions 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). The district court lacked jurisdiction over Vance s petition because Vance is not incarcerated in that district. We vacate the order that denied Vance s petition and remand with instructions to dismiss Vance s petition for lack of jurisdiction. VACATED AND REMANDED WITH INSTRUCTIONS. 2

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