Norris v. United States Bureau of Prisons, No. 1:2022cv00266 - Document 3 (E.D. Tenn. 2022)

Court Description: MEMORANDUM OPINION in support of the following Judgment Order. Signed by District Judge Travis R. McDonough on 10/27/22. (c/m Mark Norris 48321-074 MANCHESTER FEDERAL CORRECTIONAL INSTITUTION Inmate Mail/Parcels P.O. BOX 4000 MANCHESTER, KY 40962 ) (ADA)

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Norris v. United States Bureau of Prisons Doc. 3 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT CHATTANOOGA MARK NORRIS, Petitioner, v. UNITED STATES BUREAU OF PRISONS, Respondent. ) ) ) ) ) ) ) ) ) ) Case No. 1:22-cv-266 Judge Travis R. McDonough Magistrate Judge Susan K. Lee MEMORANDUM OPINION Petitioner, a federal inmate housed in the Manchester Federal Correctional Institution, has filed a petition for relief pursuant to 28 U.S.C. § 2241 regarding his sentence (Doc. 1). For the reasons set forth below, the Court will TRANSFER this action to the United States District Court for the Eastern District of Kentucky. While Petitioner named the United States Bureau of Prisons as Respondent herein, the proper Respondent is Petitioner’s current custodian. See 28 U.S.C. § 2242 (providing that a habeas petition shall name as the respondent “the person who has custody over” the petitioner). Therefore, a § 2241 petition must be filed in the district having jurisdiction over the petitioner’s custodian. See Rumsfeld v. Padilla, 542 U.S. 426, 443 (2004). Because this Court does not have jurisdiction over Petitioner’s custodian at the Manchester Federal Correctional Institution, which is in Clay County, Kentucky, it lacks jurisdiction to consider this petition. Instead, jurisdiction for this action lies in the United States District Court for the Eastern District of Kentucky. See 28 U.S.C. § 97(a). Accordingly, the Court finds that the interests of justice require that this action be transferred to that District. See 28 U.S.C. § 1631 (“Whenever a Case 1:22-cv-00266-TRM-SKL Document 3 Filed 10/27/22 Page 1 of 2 PageID #: 21 Dockets.Justia.com civil action is filed in a court . . . and that court finds that there is a want of jurisdiction, the court shall, if it is in the interest of justice, transfer such action or appeal to any other such court in which the action or appeal could have been brought at the time it was filed or noticed”). Accordingly, the Clerk will be DIRECTED to TRANSFER this action to the United States District Court for the Eastern District of Kentucky for further disposition and to CLOSE this case. AN APPROPRIATE JUDGMENT SHALL ENTER. /s/ Travis R. McDonough TRAVIS R. MCDONOUGH UNITED STATES DISTRICT JUDGE 2 Case 1:22-cv-00266-TRM-SKL Document 3 Filed 10/27/22 Page 2 of 2 PageID #: 22

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