Dillon v. United States of America, No. 1:2020cv00513 - Document 4 (D. Idaho 2020)
Court Description: MEMORANDUM DECISION AND ORDER - IT IS ORDERED that Plaintiffs Petition for Writ of Habeas Corpus is DISMISSED. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
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Dillon v. United States of America Doc. 4 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO CHERIE R. DILLON, Case No. 1:20-cv-00513-BLW Petitioner, MEMORANDUM DECISION AND ORDER v. UNITED STATES OF AMERICA, Defendant. INTRODUCTION Before the Court is Cherie R. Dillon’s “Petition for Writ of Habeas Corpus” (Dkt. 1). Dillon challenges the Bureau of Prisons’ failure to calculate her goodtime credit under the First Step Act. For the reasons explained below, the Court will dismiss this petition for lack of jurisdiction. ANALYSIS In challenging the Bureau of Prisons’ execution of her sentence, Ms. Dillon’s relies on 28 U.S.C. § 2241. A petition under this section must be filed in the judicial district with jurisdiction over the inmate’s current custodian. See Rumsfeld v. Padilla, 542 U.S. 426, 434-35 (2004); see also 28 U.S.C. §§ 2242, 2243. Because Ms. Dillon is incarcerated at FCI Aliceville, in Alabama, this Court MEMORANDUM DECISION AND ORDER - 1 Dockets.Justia.com lacks jurisdiction over her § 2241 petition and therefore must dismiss it. Ms. Dillon may refile her petition in the appropriate district court. ORDER IT IS ORDERED that Plaintiff’s Petition for Writ of Habeas Corpus is DISMISSED. DATED: December 31, 2020 _________________________ B. Lynn Winmill U.S. District Court Judge MEMORANDUM DECISION AND ORDER - 2
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