-RSB Sloan v. United States Of America, No. 7:2012cv00066 - Document 2 (W.D. Va. 2012)
Court Description: MEMORANDUM OPINION. Signed by Judge James P. Jones on 3/19/2012. (tvt)
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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION ) ) ) ) ) ) ) ) ) CLAUDE GENE SLOAN, Petitioner, v. UNITED STATES OF AMERICA, Respondent. Case No. 7:12CV00066 OPINION By: James P. Jones United States District Judge Claude Gene Sloan, Pro Se Petitioner. The petitioner, a federal inmate sentenced in this court, filed this pro se action as a petition for a writ of habeas corpus under 28 U.S.C. § 2241. Sloan complains about alleged errors in his Presentence Investigation Report ( PSR ) in the description of his prior state court convictions and sentences and the calculation of his criminal history points. After review of the record, I find that Sloan s petition must be summarily dismissed for lack of jurisdiction. Under § 2241, a district court may grant a writ of habeas corpus within its jurisdiction when the petitioner demonstrates that he is in custody in violation of the Constitution or laws of the United States. § 2241(a) and (c)(3). Sloan does not state facts on which I could find that he is in custody in violation of any federal statute or constitutional provision. Moreover, Sloan s submission indicates that he is incarcerated in a federal prison facility in White Deer, Pennsylvania. Therefore, this court does not have jurisdiction over Sloan s custodian, as required for adjudication of his claims under § 2241. See In re Jones, 226 F.3d 328, 331(4th Cir. 2000). For the stated reasons, I summarily dismiss Sloan s § 2241 petition for lack of jurisdiction and merit. A separate Final Order will be entered herewith ENTER: March 19, 2012 /s/ James P. Jones United States District Judge 2
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