Murphy v. Cross

Filing 18

ORDER, denying 16 MOTION for Permanent Injunction filed by Darron J Murphy, Sr.Signed by Chief Judge David R. Herndon on 4/15/2014. (mtm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DARRON J. MURPHY, SR.,
Petitioner,
vs.

Case No. 14-cv-189-DRH-CJP

FRANCISCO J. QUINTANA,
Respondent.

ORDER

HERNDON, Chief Judge:
This matter is before the Court on petitioner’s Motion for “an Injunction to
Halt and Prevent Any Unwarranted Transfer of Petitioner Darron J. Murphy, Sr.”
(Doc. 16).
Respondent recently notified the Court that the BOP intends to transfer
petitioner to FMC Lexington due to his medical condition. Such a transfer would
not deprive the Court of subject-matter jurisdiction. See, Harris v. Warden, 425
F.3d 386, 388 (7th Cir. 2005). Respondent explicitly waived the issue of personal
jurisdiction. See, Doc. 8.
Petitioner disagrees with the notion that his medical condition warrants a
transfer. He perceives this as a “ruse” and an attempt to obstruct justice. He
asks the Court to investigate the situation and to issue an injunction preventing
his transfer.
This Court has no basis on which to take the actions requested by
petitioner. “It is well settled that the decision where to house inmates is at the

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core of prison administrators' expertise.” McKune v. Lile, 122 S.Ct. 2017, 2027
(2002). The decision to transfer petitioner in the circumstances presented here is
not subject to judicial review.
Petitioner’s Motion (Doc. 16) is DENIED.
IT IS SO ORDERED.
Signed this 15th day of April, 2014.

Digitally signed by
David R. Herndon
Date: 2014.04.15
12:27:49 -05'00'
Chief Judge
U.S. District Court

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