AUDREY G. FLEISSIG, District Judge.
This matter was transferred from the United States District Court from the Eastern District of California. After reviewing the case in its entirety, the Court will dismiss this matter as duplicative of another matter already pending on this Court's docket.
Petitioner, Joe Lenzie Turner, brought the instant application for petition for writ of habeas corpus, pursuant to 28 U.S.C. § 2241, in the United States District for the Eastern District of California. After reviewing the case, United State Magistrate Judge Gregory G. Hollows transferred the instant action to this Court, finding that the present matter was more properly construed as one brought pursuant to 28 U.S.C. § 2255. Judge Hollows found, therefore, that the case should have been filed within the confines of the United States District Court for the Eastern District of Missouri.
After considering respondent's motion to dismiss for lack of jurisdiction, the California District Court transferred the instant action to this Court. In its Memorandum and Order, dated May 23, 2016, United States Magistrate Judge Gregory G. Hollows found that petitioner was bringing two claims in his application for writ. The first claim involved an alleged that the Bureau of Prisons ("BOP") had misclassified petitioner.
Judge Hollows found that petitioner's second claim, however, alleged a sentencing guidelines error, wherein petitioner attacked the validity of his 2013 sentence, issued by the Honorable Judge John A. Ross in this Court.
This Court takes judicial notice that petitioner filed a prior motion to vacate in the Eastern District of Missouri, on June 2, 2014, pursuant to 28 U.S.C. § 2255. See Turner v. United States, No. 1:14CV77 JAR (E.D.Mo. 2014). Respondent filed a response to petitioner's motion on August 22, 2014; however, petitioner moved to supplement his motion to vacate recently, on May 5, 2016. Id. In his recent supplement, petitioner makes the same argument espoused in the instant motion to vacate relating to the validity of his 2013 sentence. Petitioner also attacks the BOP's execution of his state and federal sentences and their concurrent administration by the BOP. This case is currently awaiting disposition before the Honorable John A. Ross, the sentencing judge in petitioner's 2013 criminal case in this Court.
Because the matters contained in the current petition are already before the Court in a prior § 2255 petition brought by movant, the Court will dismiss the instant action as duplicative. Petitioner should bring any and all additional claims relating to his § 2255, addressing his 2013 conviction and sentence in his prior pending § 2255, Turner v. United States, 1:14CV77 JAR (E.D.Mo. 2014).
Accordingly,
A separate Order of Dismissal shall issue.