Kinard v. Federal Bureau of Prisons

Filing 10

ORDER Transferring Case, signed by Magistrate Judge Sandra M. Snyder on 06/17/14. Case Transferred to Western District of Louisiana. (Gonzalez, R) [Transferred from California Eastern on 6/19/2014.]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL W. KINARD,

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Case No. 1:14-cv-00730-SMS HC

Petitioner,
ORDER TRANSFERRING THIS CASE TO
THE U.S. DISTRICT COURT FOR THE
WESTERN DISTRICT OF LOUISIANA

v.
FEDERAL BUREAU OF PRISONS,

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Respondent.

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On April 23, 2014, Petitioner Daniel W. Kinard filed this pro se petition for writ of habeas

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corpus in the District Court for the District of Columbia. Since the proper respondent was the
Warden of the United States Penitentiary in Atwater, California, where Petitioner was then confined,

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the District Court for the District of Columbia ordered the case transferred to this District. In the

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meantime, however, Petitioner was transferred to the Federal Detention Center in Oakdale,

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Louisiana.

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A habeas action is subject to jurisdictional and statutory limitations. See Braden v. 30th

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Judicial Circuit Court of Kentucky, 410 U.S. 484 (1973). The proper respondent in a habeas corpus
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action is the warden of the institution in which the petitioner is confined. Rumsfield v. Padilla, 542

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U.S. 426, 434 (2004). In this case, following Petitioner's recent transfer, the proper respondent is the

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Warden of the Federal Detention Center in Oakdale, Louisiana. Because the habeas petition must be

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reviewed by the district court in the district where the petitioner is confined (United States v.

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Giddings, 740 F.2d 770, 772 (9th Cir. 1984)), this Court must transfer the petition to the District

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Court for Western District of Louisiana.

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Accordingly, the Court hereby ORDERS that this case be TRANSFERRED to the United
States District Court for the Western District of Louisiana.

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IT IS SO ORDERED.
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Dated:

June 17, 2014

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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