LEAL v. FCI LORETTO WARDEN, No. 3:2018cv00219 - Document 21 (W.D. Pa. 2020)

Court Description: MEMORANDUM OPINION re 9 Petition for Writ of Habeas Corpus filed by ROBERT LEAL. Signed by Magistrate Judge Patricia L. Dodge on 4/6/2020. (mqe)

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LEAL v. FCI LORETTO WARDEN Doc. 21 IN THE NITED STATES DISTRICT COURT FOR THE WESTEN DISTRICT OF PENNSYLVANIA ROBERT LEAL, Petitioner, V. FCI LORETTO WARDEN, Respondent. ) ) ) ) ) ) ) ) ) Case No. 3:18-cv-219 Magistrate Judge Patricia L. Dodge MEMONDUM 1 For the reasons that ollow, the Court will deny the petition or a writ of habeas corpus (ECF No. 9) iled by ederal prisoner Robert Leal ("Petitioner") under 28 U.S.C. § 2241. I. Introduction On November 18, 2013, the United States District Court or the Northen District of Ohio sentenced Petitioner to a 100-month term of imprisonment on his conviction of Felon in Possession of a Firearm in violation of 18 U.S.C. § 922(g)(l). Petitioner is in the custody of the Bureau of Prisons ("BOP"). When he iled his petition he was housed at FCI Loretto, which is located within the territorial boundaries _of the Westen District of Pennsylvania. Thereore, although some of the events in question in this case occurred when Petitioner was housed at FCI Elkton, which is located in Lisbon, Ohio, he properly iled his petition with this Court. That is because a ederal prisoner must ile his § 2241 habeas petition with his custodial court, which is the ederal district court in the district in which the prisoner is incarcerated. Bruce v. Warden In accordnce with the prov1s1ons of 28 U.S.C. § 636(c)(l), the parties have voluntarily consented to have a U.S. Magistrate Judge conduct proceedings in this case, including entry of a inal judgment. 1 Dockets.Justia.com

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