Vy v. Hartnett
ORDER AND REASONS DISMISSING CASE WITHOUT PREJUDICE. Signed by Judge Lance M Africk on 8/22/2017.(blg)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
DAO VAN VY
JOHN J. HARTNETT
ORDER AND REASONS
Before the Court is a petition1 filed by Dao Van Vy (“Vy”) pursuant to 28 U.S.C.
§ 2241. Vy is currently detained at the LaSalle Detention Facility (“LaSalle”) in Jena,
Louisiana. 2 Jena—and by extension, LaSalle—lies within the jurisdiction of the
Western District of Louisiana, not within the jurisdiction of this Court. Because “the
district of incarceration is the only district that has jurisdiction to entertain a [federal
petitioner’s] § 2241 petition,” the Court must dismiss Vy’s § 2241 petition. Lee v.
Wetzel, 244 F.3d 370, 373, 375 (5th Cir. 2001); see also Hooker v. Sivley, 187 F.3d 680,
682 (5th Cir. 1999). However, Vy may refile his petition in the Western District of
Louisiana. See Lee, 244 F.3d at 375.
New Orleans, Louisiana, August 22, 2017.
LANCE M. AFRICK
UNITED STATES DISTRICT JUDGE
R. Doc. No. 5.
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