Demos v. The United States of America et al

Filing 11

ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/30/15 ordering CASE TRANSFERRED to the U.S. District Court for the Eastern District of Washington. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN ROBERT DEMOS, JR.,

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Petitioner,

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No. 2:15-cv-0204 CKD HC

v.

ORDER

UNITED STATES OF AMERICA, et al.,

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Respondents.

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Petitioner, a pretrial detainee proceeding pro se, has filed an application for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner is presently incarcerated at the

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Washington State Penitentiary in Walla Walla, Washington. He challenges criminal proceedings

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in the Yakima County Superior Court. (ECF No. 1 at 2.)
Relief under a petition for writ of habeas corpus extends to a person in custody under the

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authority of the United States. 28 U.S.C. § 2241(c)(3). A federal prisoner may “challenge the

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manner in which a sentence is executed” by filing a petition for writ of habeas corpus pursuant to

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28 U.S.C. § 2241. Capaldi v. Pontesso, 135 F.3d 1122, 1123 (6th Cir. 1998). A petition under 28

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U.S.C. § 2241 “must be addressed to the district court which has jurisdiction over [petitioner] or

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his custodian.” Brown v. United States, 610 F.2d 672, 677 (9th Cir. 1980), citing Braden v. 30th

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Judicial Circuit Court, 410 U.S. 484 (1973).

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Here, petitioner does not appear to be a federal prisoner to whom § 2241 applies. In any

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event, the general rule with regard to habeas applications is that both the United States District

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Court in the district where petitioner was convicted and the District Court where petitioner is

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incarcerated have jurisdiction over the claims. See Braden v. 30th Judicial Circuit Court, 410

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U.S. 484 (1973). In the instant case, petitioner’s place of incarceration is in an area covered by

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the District Court for the Eastern District of Washington.

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Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that this matter is

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transferred to the United States District Court for the Eastern District of Washington. Id. at 499

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n.15; 28 U.S.C. § 2241(d).

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Dated: March 30, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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