Vy v. Hartnett

Filing 7

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

CIVIL ACTION

VERSUS

No. 17-7073

JOHN J. HARTNETT

SECTION I
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.
Accordingly,
IT

IS

ORDERED

that

the

petition

is

DISMISSED

WITHOUT

PREJUDICE.
New Orleans, Louisiana, August 22, 2017.

_______________________________________
LANCE M. AFRICK
UNITED STATES DISTRICT JUDGE

1
2

R. Doc. No. 5.
See id.