Skinner v. United States Department of Justice

Filing 22

ORDER signed by Magistrate Judge Allison Claire on 3/22/2018 TRANSFERRING this matter to the USDC for the Central District of California, Eastern Division (San Bernardino County). CASE CLOSED. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JESSE MANUEL SKINNER,

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Petitioner,

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No. 2:18-cv-0043 KJM AC P

v.
UNITED STATES DEPARTMENT OF
JUSTICE, et al.,

ORDER TRANSFERRING CASE TO THE
UNITED STATE DISTRICT COURT,
CENTRAL DISTRICT OF CALIFORNIA,
EASTERN DIVISION

Respondents.

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Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus

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filed pursuant to 28 U.S.C. § 2241, on the putative ground that his remedy under 28 U.S.C. §

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2255 is inadequate and/or because he has not obtained authorization to pursue a successive

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Section 2255 petition.1 Petitioner has paid the filing fee.
Petitioner is serving a thirty-five year sentence based on 2004 convictions in the Southern

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District of Mississippi.2 Petitioner was recently transferred from two prisons within the

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See 28 U.S.C. § 2255(h); 28 U.S.C. § 2244 (Court of Appeals must authorize successive
petition).
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See United States v. Skinner, Case No. 1:02-cr-0093 DCB (S. D. Miss. Feb. 17, 2004)
(convictions and original forty-five year sentence); United States v. Skinner, Case No. 1:02-cr0093 DCB (S.D. Miss. Dec. 14, 2015) (reducing sentence to thirty-five years). See also Skinner
v. United States Department of Justice, Case No. 1:17-cv-0335 HSP JCG (S.D. Miss. Dec. 12,
2017).
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jurisdiction of this United States District Court, Eastern District of California, to the United States

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Penitentiary in Victorville, California, which is located within the jurisdiction of the United States

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District Court for the Central District of California, Eastern Division.

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This court is now without jurisdiction to consider the petition under either 28 U.S.C. §

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2241 or 28 U.S.C. § 2255. Because this court is not the custodial court, it cannot consider the

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petition under Section 2241. See Hernandez v. Campbell, 204 F.3d 861, 865 (9th Cir. 2000) (“a

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habeas petition filed [by a federal prisoner] pursuant to § 2241 must be heard in the custodial court”).

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Because this court is not the sentencing court, it cannot consider the petition under Section 2255. See

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28 U.S.C. § 2255(a) (a petition “to vacate, set aside or correct the sentence” must be made in the

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“court which imposed the sentence”).

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

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transferred to the United States District Court for the Central District of California, Eastern

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Division (San Bernardino County). See 28 U.S.C. § 1406(a) (transfer of venue in the interest of

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justice).

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IT IS SO ORDERED.
DATED: March 22, 2018

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