Mehmood v. Trinity Services Group, Inc., NSDC et al

Filing 3

ORDER TRANSFERRING Case to the District of Nevada, signed by Magistrate Judge Michael J. Seng on 9/30/15. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:15-cv-01468-MJS (HC)

YASIR MEHMOOD,
Petitioner,

ORDER TRANSFERRING CASE TO
THE DISTRICT OF NEVADA

v.
TRINITY SERVICES GROUP, INC.,
NSDC, et al.,
Respondents.

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Petitioner, a federal detainee proceeding pro se, has filed a petition for writ of
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habeas corpus under 28 U.S.C. § 2241, together with a request to proceed in forma
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pauperis pursuant to 28 U.S.C. ' 1915.
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On September 28, 2015, Petitioner, who is currently detained at the Nevada
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Southern Detention Center in Pahrump, Nevada, filed a Petition for Writ of Habeas
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Corpus in the United States District Court for the Eastern District of California. However,
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Nevada Southern Detention Center is located in Nevada, and within the jurisdiction of
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the United States District Court, District of Nevada.
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A challenge to the execution of a federal sentence is properly brought in a petition
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for a writ of habeas corpus under 28 U.S.C. § 2241. See United States v. Giddings, 740
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F.2d 770, 772 (9th Cir. 1984). It is preferably brought in the district of confinement. See
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Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989) (noting that even if district court

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has personal jurisdiction over custodian, preferred forum is district where petitioner is

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confined); see also Rumsfeld v. Padilla, 542 U.S. 426, 159 L. Ed. 2d 513, 124 S. Ct.

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2711, 2722 (2004) ("[F]or core habeas petitions challenging present physical

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confinement, jurisdiction lies in only one district: the district of confinement."). In the

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interests of justice, a federal court may transfer a case filed in the wrong district to the

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correct district. See 28 U.S.C. § 1406(a).

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Petitioner is not detained at a facility within this Court's jurisdiction. In the interests

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of justice, the Court HEREBY ORDERS the instant action be transferred to the United

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States District Court, District of Nevada.

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IT IS SO ORDERED.
Dated:

September 30, 2015

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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