Filed: Sep. 07, 2017
Latest Update: Sep. 07, 2017
Summary: REPORT AND RECOMMENDATION TO TRANSFER HABEAS CORPUS PETITION and DENY MOTION TO DISMISS CHARLES A. STAMPELOS , Magistrate Judge . On or about March 20, 2017, Petitioner Ronnie Jackson, also known as Hasan Ali, proceeding pro se, filed a petition for a writ of habeas corpus under 28 U.S.C. 2241. ECF No. 1. He subsequently filed an amended 2241 petition, ECF No. 5, and a supplemental memorandum, ECF No. 7. Respondent has filed a motion to dismiss the petition. ECF No. 23. Respondent ass
Summary: REPORT AND RECOMMENDATION TO TRANSFER HABEAS CORPUS PETITION and DENY MOTION TO DISMISS CHARLES A. STAMPELOS , Magistrate Judge . On or about March 20, 2017, Petitioner Ronnie Jackson, also known as Hasan Ali, proceeding pro se, filed a petition for a writ of habeas corpus under 28 U.S.C. 2241. ECF No. 1. He subsequently filed an amended 2241 petition, ECF No. 5, and a supplemental memorandum, ECF No. 7. Respondent has filed a motion to dismiss the petition. ECF No. 23. Respondent asse..
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REPORT AND RECOMMENDATION TO TRANSFER HABEAS CORPUS PETITION and DENY MOTION TO DISMISS
CHARLES A. STAMPELOS, Magistrate Judge.
On or about March 20, 2017, Petitioner Ronnie Jackson, also known as Hasan Ali, proceeding pro se, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241. ECF No. 1. He subsequently filed an amended § 2241 petition, ECF No. 5, and a supplemental memorandum, ECF No. 7.
Respondent has filed a motion to dismiss the petition. ECF No. 23. Respondent asserts Petitioner is incarcerated in the Middle District of Florida and challenges his present physical confinement. Id. at 2-3. Respondent argues this Court does not have jurisdiction over this case because Petitioner is not confined within the Northern District. Id. at 3-4. Respondent argues this Court should dismiss the petition without prejudice to him filing it in the Middle District. Id. at 6.
A review of the case reflects that Petitioner Jackson challenges his current confinement and has properly named the warden of the prison as the Respondent in this case. See ECF Nos. 1 and 5; 28 U.S.C. § 2242. Petitioner Jackson is incarcerated at the United States Penitentiary in Coleman, Florida, which is located in Sumter County, in the Middle District of Florida. See 28 U.S.C. § 89(b). Therefore, as Respondent argues, this Court does not have jurisdiction in this case because both Petitioner and Respondent are located in the Middle District. Rather than dismissing the petition, however, it is respectfully RECOMMENDED that the case file, including any service copies and pending motions, be TRANSFERRED to the United States District Court for the Middle District of Florida, Ocala Division, for all further proceedings, and the motion to dismiss (ECF No. 23) be DENIED as moot.1
