Vy v. Hartnett

Filing 7

ORDER AND REASONS DISMISSING CASE WITHOUT PREJUDICE. Signed by Judge Lance M Africk on 8/22/2017.(blg)

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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.

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