JOHNSON v. UNITED STATES PAROLE COMMISSION, No. 1:2012cv00542 - Document 9 (D.D.C. 2012)
Court Description: MEMORANDUM OPINION. Signed by Judge Richard J. Leon on 8/2/2012. (kc )
Download PDF
<![CDATA[
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MORRIS LYNN JOHNSON, Petitioner, v. U.S. PAROLE COMMISSION, ) ) ) ) ) ) ) ) ) ) Civil Action No. 12-0542 (RJL) Respondent. _________________________ ) MEMORAN~INION August __, 2012 Petitioner "moves this Honorable court for issuance of a writ of Habeas Corpus, ordering the reinstatement, or [termination of] his Parole pursuant to 28 U.S.C. ยง 2241." Pet. at 1 [Dkt. #1]. A habeas action is subject to jurisdictional and statutory limitations. See Braden v. 30th Judicial Cir. Ct. of Ky., 410 U.S. 484 (1973). The proper respondent in a habeas corpus action is the petitioner's warden, Rumsfeld v. Padilla, 542 U.S. 426, 434-35 (2004); Blair-Bey v. Quick, 151 F.3d 1036, 1039 (D.C. Cir. 1998) (citing Chatman-Bey v. Thornburgh, 864 F.2d 804, 810 (D.C. Cir. 1988)), and "a district court may not entertain a habeas petition involving present physical custody unless the respondent custodian is within its territorial jurisdiction," Stokes v. US. Parole Comm 'n, 374 F.3d 1235, 1239 (D.C. Cir. 2004). Therefore, the Court will grant respondent's motion to transfer this matter to the district in which petitioner currently is incarcerated, the Southern District of Indiana. An Order is issued separately. United States District Judge
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
