Bradley v. St. Louis City Municipal Courts

Filing 3

MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that petitioners petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 is DISMISSED, without prejudice, for lack of jurisdiction. A separate Order of Dismissal shall accompany this Memorandum and Order. 1 Signed by Honorable Jean C. Hamilton on 8/3/2011. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
COREY BRADLEY,

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Petitioner,
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v.
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ST. LOUIS CITY MUNICIPAL COURTS,
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Respondent.
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No. 4:11-CV-1184-NAB

MEMORANDUM AND ORDER
This matter is before the Court on petitioner’s pro se petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2241.
A district court’s jurisdiction over writs filed pursuant to 28 U.S.C. § 2241 is
geographically limited to the judicial district in which petitioner’s custodian is located.
28 U.S.C. § 2241(a); Rumsfeld v. Padilla, 542 U.S. 426, 442 (2004). Petitioner is
currently confined at the Forest City Medium Federal Correctional Institution in Forrest
City, Arkansas. Petitioner’s custodian, therefore, is located within the Eastern District
of Arkansas and not within the geographic boundaries of the Eastern District of
Missouri. Consequently, this Court lacks jurisdiction to entertain the writ, and this case
shall be dismissed, without prejudice, pursuant to Fed. R. Civ. P. 12(h)(3).1

1

If petitioner wishes to pursue his claim by filing a § 2241 action, he must do so
in the judicial district in which his custodian is located.

Accordingly,
IT IS HEREBY ORDERED that petitioner’s petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2241 is DISMISSED, without prejudice, for lack of
jurisdiction.
A separate Order of Dismissal shall accompany this Memorandum and Order.
Dated this 3rd day of August, 2011.

/s/Jean C. Hamilton
JEAN C. HAMILTON
UNITED STATES DISTRICT JUDGE

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