Caudle v. Warden of USP McCreary

Filing 5

MEMORANDUM ORDER: 1. Caudle's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 [Record No. 1] is DENIED, without prejudice. 2. This action is STRICKEN from the Court's docket. Signed by Judge Danny C. Reeves on 08/28/2017.(KJA)cc: COR, mailed paper copy to pro se filer

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
SOUTHERN DIVISION
(at London)
HORACE S. CAUDLE,
Petitioner,
v.
J. RAY ORMOND, Warden,
Respondent.

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Civil Action No. 6: 17-187-DCR

MEMORANDUM ORDER

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Inmate Horace S. Caudle is confined at the United States Penitentiary – McCreary
in Pine Knot, Kentucky. Proceeding without an attorney, Caudle filed a petition for a writ
of habeas corpus pursuant to 28 U.S.C. § 2241 in which he seeks to challenge the validity
of his underlying sentence. [Record No. 1]. Caudle then moved for leave to file a
supplemental memorandum in support of his petition. [Record No. 3].
This Court granted Caudle’s motion for leave and indicated that, subject to
intervening orders, he may file a supplemental memorandum within 30 days. [Record No.
4].

That additional time has passed, but Caudle has not filed his supplemental

memorandum. More importantly, Caudle recently filed a motion to vacate his sentence
pursuant to 28 U.S.C. § 2255, and that motion remains pending before the United States
District Court for the Northern District of Alabama.

See Horace Caudle v. United States,

No. 5:17-cv-8019-RDP (N.D. Ala. 2017). Since a § 2255 motion is the correct mechanism
for a federal prisoner to challenge his sentence, Caudle’s § 2241 petition will be denied.
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Simply put, Caudle must fully litigate his § 2255 motion in the Northern District of
Alabama before he may even attempt to seek relief from this Court pursuant to § 2241. See
White v. Grondolsky, No. 6:06-cv-309-DCR, 2006 WL 2385358, *3 (E.D. Ky. 2006)
(“[T]he Petitioner must first pursue his trial court remedy under § 2255 before he may seek
relief under § 2241.”). Accordingly, it is hereby
ORDERED as follows:
1.

Caudle’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241

[Record No. 1] is DENIED, without prejudice.
2.

This action is STRICKEN from the Court’s docket.

This 28th day of August, 2017.

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