SANDERS v. UNITED STATES OF AMERICA
OPINION. Signed by Judge Renee Marie Bumb on 8/21/17. (jbk, )
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA,
Civ. No. 17-4197 (RMB)
BUMB, United States District Judge
Petitioner, Christopher Sanders, a prisoner confined in FCI
McDowell, in Welch, West Virginia, filed a Petition for Writ of
Habeas Corpus pursuant to 28 U.S.C. § 2241 on June 9, 2017.
application to proceed in forma pauperis, pursuant to 28 U.S.C.
(IFP App., ECF No. 2.)
Petitioner seeks an in person appearance in Philadelphia,
PA to argue his motion to vacate, set aside or correct sentence
under 28 U.S.C. § 2255, which he filed in 2016, in the U.S.
Petitioner asserts jurisdiction under 28 U.S.C. §
2241, which provides, in pertinent part:
(a) Writs of habeas corpus may be granted by
the Supreme Court, any justice thereof, the
district courts and any circuit judge within
their respective jurisdictions. . . .
(c) The writ of habeas corpus
extend to a prisoner unless—
or laws or treaties of the United
“Motions pursuant to 28 U.S.C. § 2255 are the presumptive
means by which federal prisoners can challenge their convictions
Okereke v. U.S., 307 F.3d 117, 120 (3d Cir.
2002)(citing Davis v. United States, 417 U.S. 333, 343 (1974)).
Motions under § 2255 should be filed in the sentencing court.
Vieux v. Williamson, 250 Fed.Appx. 519, 521 (3d Cir. 2007) (per
This Court lacks jurisdiction to order a hearing on
Petitioner’s § 2255 motion, pending in the Eastern District of
Petitioner should address his concerns directly
to the Eastern District of Pennsylvania.
Court lacks jurisdiction over Petitioner’s petition for a writ
of habeas corpus under 28 U.S.C. § 2241.
An appropriate Order follows.
August 21, 2017
s/Renée Marie Bumb__________
RENÉE MARIE BUMB
United States District Judge
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