Griffin, Jr. v. Ebbert, No. 11-60700 (5th Cir. 2014)
Annotate this CasePetitioner filed his habeas petition in the U.S. District Court for the Middle District of Pennsylvania. After petitioner was transferred to FCI Sandstone in Minnesota, the Pennsylvania federal district court dismissed the petition without prejudice, holding that it lacked jurisdiction because petitioner's immediate custodian was outside the district. Petitioner appealed, the Third Circuit reversed, remanding the case to the U.S. District Court for the District of Minnesota. Petitioner was then transferred to a federal prison in Illinois and then eventually to Mississippi. The U.S. Magistrate Judge in Minnesota transferred the case to the U.S. District Court for the Southern District of Mississippi. The district court in Mississippi concluded that it lacked jurisdiction because the jurisdiction of the Pennsylvania district court attached upon petitioner's filing of his petition while he was confined there and jurisdiction was not destroyed by petitioner's subsequent transfer to another prison. The court vacated the dismissal order and transferred the case back to Pennsylvania. The court concluded that petitioner stated a claim upon which relief could be granted and that the Pennsylvania district court was the proper forum. The court concluded that jurisdiction attached on that initial filing for habeas corpus relief and it was not destroyed by the transfer of petitioner and accompanying custodial charge.
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