Roberts v. Bragg et al

Filing 5

ORDER vacating 3 Report and Recommendations. The Clerk of Court is directed to transfer this case to the District of South Carolina for all further proceedings. Signed by Magistrate Judge Christopher L. Ray on 4/27/21. (wwp)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
SENECA ROBERTS,
Petitioner,
v.
WARDEN M. TRAVIS BRAGG,
Defendant.

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CV420-308

ORDER
The Court recommended dismissal of plaintiff’s 28 U.S.C. § 2241
petition for failure to remit the required filing fee. Doc.3. Plaintiff has
now remitted the fee and indicated that he did not receive the Court’s
previous notice of deficiency. Doc. 4. The Court VACATES the Report
and Recommendation as moot. Doc. 3.
Upon review, it is apparent that the petition was improperly filed
in this district. Unlike other forms of habeas relief, petitions under §
2241 “may be brought only in the district court for the district in which
the inmate is incarcerated.” Fernandez v. United States, 941 F.2d 1488,
(11th Cir. 1991) (emphasis added); United States v. Kinsey, 393 F. App’x
663, 664 (11th Cir. 2010) (“Unlike § 2255 motions, motions made

pursuant to § 2241 must be brought only in the district court for the
district in which the inmate is incarcerated.” (quotes and cite omitted)).
At the time of filing, petitioner was incarcerated at the federal
correctional facility in Bennettsville, South Carolina. Doc.1 at 1. He
remains incarcerated their today.

Doc. 4 at 1.

As plaintiff is not

incarcerated in this district, the Clerk of Court is DIRECTED to
TRANSFER this case to the District of South Carolina for all further
proceedings. 28 U.S.C. § 1406 (district courts may dismiss or transfer
cases suffering venue defects); 28 U.S.C. § 121 (defining the District of
South Carolina.
SO ORDERED, this 27th day of April, 2021.

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CHRISTOPHER
CHRISTOPHER L. RAY
H
T
Y
UNITED STATES MAGISTR
STATES MAGISTRATE JUDGE
T
SOUTHERN DISTRICT OF GEORGIA