Isa v. United States of America, No. 7:2019cv03565 - Document 3 (S.D.N.Y. 2019)

Court Description: MEMORANDUM OPINION AND ORDER: For the following reasons, this petition is transferred to the United States District Court for the Middle District of Pennsylvania. Because petitioner seeks relief for the computation of his sentence, his petition is p roperly characterized as one under Section 2241. Adams v. United States, 372 F.3d 132, 135 (2d Cir. 2004) ("Section 2241 [] is the proper means to challenge the execution of a sentence. In a § 2241 petition, a petitioner may seek relief fr om such things as, for example, the administration of his parole, computation of his sentence by parole officials, disciplinary actions taken against him, the type of detention, and prison conditions in the facility where he is incarcerated."). In order to entertain a habeas corpus petition under Section 2241, a court must have jurisdiction over the custodian. Rumsfeld v. Padilla, 542 U.S. 426, 434-35 (2004). Here, petitioner is incarcerated at the Allenwood Federal Correctional Institutio n in Pennsylvania, which is located in the judicial district of the United States District Court for Middle District of Pennsylvania. Therefore, in the interest of justice, this Court transfers this petition to the United States District Court for th e Middle District of Pennsylvania. 28 U.S.C. § 1406(a). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpo se of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk is instructed to mail a copy of this Memorandum Opinion and Order to petitioner at the address on the docket and transfer case no. 19 CV 3565 to United States District Court for the Middle District of Pennsylvania. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 5/1/2019) (mml) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing.

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