Oden v. Wilson, No. 3:2019cv00781 - Document 6 (E.D. Va. 2020)
Court Description: MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr. on 1/10/2020. Copy to Petitioner as directed. (jsmi, )
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Oden v. Wilson Doc. 6 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division CHRISTOPHER W.ODEN, Petitioner, Civil Action No.3:19CV781 V. ERIC WILSON, Respondent. MEMORANDUM OPINION Christopher W.Oden,a federal inmate proceeding pro se, submitted this 28 U.S.C. § 2241 Petition. In his §2241 Petition, Oden challenges an institutional disciplinary hearing. (ECFNo. 1, at 2.) Oden is currently incarcerated in "U.S.P. Marion" in Marion, Illinois. {Id. at I.) As this court previously informed Oden,"[w]henever a § 2241 habeas petitioner seeks to challenge his present physical custody within the United States, he should name his warden as respondent and file the petition in the district ofconfinement." Odenv. Wiison,'Ho. 3;17CV286,2018 WL359478, at *4 n.5 (E.D. Va. Jan. 10, 2018)(emphasis added)(quoting Rumsfeld v. Padilla, 542 U.S. 426, 447 (2004)). Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. Oden remains free to refile the action in the district of his confinement. An appropriate Order shall accompany this Memorandum Opinion Is! Ih A Date: ' 7 nnO/-) JohnA.Gibney,Jr. / ) United States District Jutig Richmond, Virginia i Dockets.Justia.com
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