Feroz v. Sessions et al

Filing 14

ORDER TRANSFERRING the 1 Petition for Writ of Habeas Corpus to the USDC for the Northern District of Alabama, Middle Division, for further consideration. The Court DIRECTS the Clerk to transfer this case to that court. Signed by Magistrate Judge R. Stan Baker on 1/17/2018. (ca) [Transferred from Georgia Southern on 1/19/2018.]

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
WAYCROSS DIVISION

MUHAMMED FEROZ,
Petitioner,

CIVIL ACTION NO.: 5:17-cv-113

v.
PATRICK GARTLAND,
Respondent.

ORDER
Petitioner is currently detained at the Etowah County Detention Center in Gadsden,
Alabama. He filed a Petition in this Court challenging his detention and seeking habeas corpus
relief pursuant to 28 U.S.C. § 2241. (Doc. 1.) Petitioner has paid the $5.00 filing fee applicable
to a Section 2241 Petition. For the reasons set forth below, the Court ORDERS that this case be
transferred to the United States District Court for the Northern District of Alabama, Middle
Division.
At the time Petitioner filed this action, it appears he was in custody at the Folkston
Processing Center in Charlton County, Georgia, which is within this District. Thus, the Petition
was properly filed with this Court. However, on October 24, 2017, Petitioner filed a Notice that
he has been transferred to the Etowah County Detention Center in Gadsden, Alabama. (Doc. 9.)
Where a Section 2241 petitioner challenges his present confinement, “jurisdiction lies”
only in “the district of confinement,” and the proper respondent is the warden of the facility
where the petitioner is being held, not the United States or a supervisory official who exercises
“legal control” over the petitioner. See Rumsfeld v. Padilla, 542 U.S. 426, 435, 439-40, 443

(2000). Here, Petitioner is no longer confined in this District but rather in Gadsden, Alabama,
which lies in the Northern District of Alabama. 28 U.S.C. § 81(a). Consequently, this Court has
no jurisdiction over the instant petition.
Therefore, IT IS HEREBY ORDERED that this action shall be TRANSFERRED to
the United States District Court for the Northern District of Alabama, Middle Division, for
further consideration. The Court DIRECTS the Clerk of Court to transfer this case to that court.
SO ORDERED, this 17th day of January, 2018.

R. STAN BAKER
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

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