Johnson v. United States of America

Filing 2

MEMORANDUM AND OPINION transferring case to the District of Maryland.. Ordered by Judge Allyne R. Ross on 10/13/2016. (Marziliano, August)

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rlLED N CLERK'S OFFICE OlSTRICT COURT E.D.N.Y ' UUI 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK X 2016 5 BROOKLYN OFFICE 98-CR-860(ARR) JAMES JOHNSON, NOT FOR EI.ECTRONIC Petitioner, OR PRINT PUBLICATION -againstOPINION & ORDER UNITED STATES OF AMERICA, Respondent. X ROSS, United States District Judge: James Johnson, who is currently incarcerated at FCI Cumberland in Cumberland, Maryland, moves the court pro se to restore 724 days of"non-vested good conduct time," which he lost pursuant to two disciplinary sanctions. Because jurisdiction properly lies in the District of Maryland, the petition is transferred to that court. Johnson stylizes his petition as one to modify his sentence under 18 U.S.C. § 3582(c). A challenge to a loss of good time credits, however, is properly brought under 28 U.S.C. § 2241 as a challenge to the execution of a sentence. See Carmona v. U.S. Bureau ofPrisons., 243 F.3d 629,632(2d Cir. 2001). Because petitioner is proceeding pro se, this court will liberally construe his petition to have been filed under § 2241. See Henry v. United States, No. 11-CV391, 2014 WL 7075800, at *3(E.D.N.Y. Dec. 12, 2014). Jurisdiction over § 2241 petitions lies in the district of confinement. Falconi v. United States, No. CV-03-4272, 2004 WL 2297823, at *1 (E.D.N.Y. Oct. 13, 2004)(citing Rumsfeld v. Padilla, 542 U.S. 426,443 (2004)). Johnson is incarcerated in the District of Maryland. r>l(= /s/(ARR)

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