Wren v. Maye

Filing 3

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that petitioner's writ of habeas corpus pursuant to 28 U.S.C. ' 2241 is DISMISSED for lack of jurisdiction. An Order of Dismissal shall accompany this Memorandum and Order. Signed by District Judge E. Richard Webber on July 21, 2014. (BRP)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION SHANNON D. WREN, Petitioner, v. C. MAYE, Respondent. ) ) ) ) ) ) ) ) ) No. 4:14CV01270 ACL MEMORANDUM AND ORDER This matter is before the Court on petitioner=s pro se petition for 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 USP Leavenworth in Leavenworth, Kansas. Petitioner=s custodian, therefore, is located within the District of Kansas. Consequently, this Court lacks jurisdiction to grant the writ, and this case shall be dismissed pursuant to Fed. R. Civ. P. 12(h)(3). Accordingly, IT IS HEREBY ORDERED that petitioner=s writ of habeas corpus pursuant to 28 U.S.C. ' 2241 is DISMISSED for lack of jurisdiction. An Order of Dismissal shall accompany this Memorandum and Order. So Ordered this 21st day of July, 2014. E. RICHARD WEBBER SENIOR UNITED STATES DISTRICT JUDGE

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