Segree v. Holder et al

Filing 5

Judge Douglas P. Woodlock: ORDER entered. ORDER OF TRANSFER(Moore, Kellyann) [Transferred from Massachusetts on 8/31/2012.]

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
JAMIE SEGREE,
Petitioner,
v.
ATTORNEY GENERAL ERIC HOLDER,
et al.
Respondents.

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C.A. No. 12-11601-DPW

ORDER OF TRANSFER
August 29, 2012
On August 28, 2012, Jamie Segree, an immigration detainee
currently confined at the Etowah County Detention Center in
Gadsden, Alabama, filed a petition under 28 U.S.C. § 2241 for a
writ of habeas corpus and paid the $5.00 filing fee.
Under 28 U.S.C. § 2241, a federal court has the authority to
entertain a petition for a writ of habeas corpus brought by a
petitioner who is within the court's jurisdiction at the time the
petition is filed.

See 28 U.S.C. § 2241(a); Rumsfeld v. Padilla,

542 U.S. 426, 447 (2004) ("Whenever 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 of confinement.").

Because Mr. Segree

is confined within the Northern District of Alabama at the time
he filed his petition, this Court is without jurisdiction to
entertain the petition.
Under 28 U.S.C. § 1404(a) "in the interest of justice, a
district court may transfer any civil action to any other

district or division where it might have been brought."
U.S.C. § 1404(a).

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I find that it is in the interest of justice

to transfer the action to the district of the petitioner’s
confinement.
Accordingly, the Clerk shall transfer this action to the
United States District Court for the Northern District of
Alabama.

This case shall then be closed on the docket of this

Court.
SO ORDERED.
/s/ Douglas P. Woodlock
DOUGLAS P. WOODLOCK
UNITED STATES DISTRICT JUDGE

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