Arreola-Palma v. United States of America

Filing 2

ORDER TO TRANSFER by District Judge Kenneth J. Gonzales. The Clerk is directed to transfer this case to the United States District Court for the Middle District of Pennsylvania. (tah)

Case 1:19-cv-01225-KG-KRS Document 2 Filed 04/22/20 Page 1 of 2 PageID #: 16

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

LUIS ARREOLA-PALMA,
Petitioner,
vs.

No. CV 19-1225 KG/KRS

UNITED STATES OF AMERICA,
Respondent.
ORDER TO TRANSFER
THIS MATTER is before the Court sua sponte on the Motion for Clarification of
Judgment and Sentencing Intent filed by Petitioner, Luis Arreola-Palma, which the Court
construes as a petition for writ of habeas corpus under 28 U.S.C. § 2241 (Doc. 1) (“Petition”). In
his Petition, Arreola-Palma seeks habeas corpus relief in the form of an order instructing the
Bureau of Prisons regarding carrying out of his concurrent federal and state court sentences.
(Doc. 1 at 3-5). The Court orders that the case be transferred to the United States District Court
for the Middle District of Pennsylvania, the District of Arreola-Palma’s incarceration.
Arreola-Palma was convicted and sentenced in the District of New Mexico. See No. CR
16-03308 JB. However, Arreola-Palma’s Petition does not challenge his conviction or sentence
in CR 16-03308 JB but, instead, challenges the manner in which his sentence is being carried out
by the Bureau of Prisons. (Doc. 1 at 3-5). A motion pursuant to § 2241 challenging such matters
as the administration of parole, computation of a prisoner's sentence by prison officials, prison
disciplinary actions, prison transfers, type of detention and prison conditions must be brought in
the federal district of the prisoner’s incarceration, not in the district of conviction. Rumsfeld v.
Padilla, 452 U.S. 426, 442-43 (2004).
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Case 1:19-cv-01225-KG-KRS Document 2 Filed 04/22/20 Page 2 of 2 PageID #: 17

Arreola-Palma may seek habeas corpus review of confinement only in the federal
district where Arreola-Palma is incarcerated. Arreola-Palma is presently incarcerated at USP
Canaan in the Middle District of Pennsylvania. (Doc. 1). This Court lacks jurisdiction over
Arreola-Palma’s Petition and will transfer this proceeding to the United States District Court for
the Middle District of Pennsylvania. Rumsfeld v. Padilla, 452 U.S.at 442-43.
IT IS ORDERED that the CLERK is directed to TRANSFER this case to the United
States District Court for the Middle District of Pennsylvania.

_____________________________________
UNITED STATES DISTRICT JUDGE

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