KONRATH v. SUPERINTENDENT

Filing 3

CLOSED TRANSFER - Order Transferring Action to Northern District of Indiana. Based on the foregoing, and because the petitioner is confined at the Westville Correctional Facility in Westville, Indiana, which lies in the Northern District of Indiana, this action is transferred to the United States District Court for the Northern District of Indiana, at South Bend, Indiana. Copy to Petitioner via U.S. Mail. Signed by Judge Tanya Walton Pratt on 1/12/2017.(JLS)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION GREGORY KONRATH, Petitioner, vs. SUPERINTENDENT Westville Correctional Facility, Respondent. ) ) ) ) ) ) ) ) ) ) No. 1:17-cv-00081-TWP-DML Order Transferring Action to Northern District of Indiana “[F]or habeas petitions challenging present physical confinement, jurisdiction lies in only one district, the district of confinement.” Rumsfeld v. Padilla, 542 U.S. 426, 442 (2004). “Whenever a [28 U.S.C.] § 2241 habeas petitioner seeks to challenge his present physical custody within the United States, he should name his warden as respondent and file the petition in the district of confinement.” Id. at 447. Based on the foregoing, and because the petitioner is confined at the Westville Correctional Facility in Westville, Indiana, which lies in the Northern District of Indiana, this action is transferred to the United States District Court for the Northern District of Indiana, at South Bend, Indiana. IT IS SO ORDERED. Date: 1/12/2017 Distribution: GREGORY KONRATH 254068 WESTVILLE CORRECTIONAL FACILITY Inmate Mail/Parcels 5501 South 1100 West WESTVILLE, IN 46391

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