Johnson v. Rivera

Filing 5

ORDER directing that this case be immediately transferred to the Honorable Walter S. Smith in the United States District Court for the western District of Texas (Waco Division) for further proceedings. All pending motions are denied as moot. Signed by Magistrate Judge Jerome T. Kearney on 09/17/2015. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
CHARLES EDWARD JOHNSON
REG. #83808-180
V.

PETITIONER

2:15-cv-00140 JLH-JTK

C.V. RIVERA, Warden
FCI - Forrest City

RESPONDENT

ORDER
Petitioner filed this petition for a writ of habeas corpus, pursuant to 28 U.S.C.
§2241 (Doc. No. 2). Since his petition attacks the validity of his sentence, the Court
construes his petition as being brought pursuant to 28 U.S.C. § 2255. See id. at § 2255(a)1.
Only the sentencing Court has jurisdiction to hear a § 2255 petition. Therefore, this case
is immediately transferred to the Honorable Walter S. Smith in the United States District
Court for the Western District of Texas (Waco Division) for further proceedings. All
pending motions are denied as moot.
IT IS SO ORDERED this 17th day of September, 2015.

______________________________
United States Magistrate Judge

1

Petitioner notes in his § 2241 petition that he has already filed a § 2255 petition that
challenged this conviction or sentence; and he has also filed a motion to the United States Court
of Appeals seeking permission to file a second or successive Section 2255 motion to challenge
this conviction or sentence.