McDonald v. USA

Filing 8

ORDER that the Clerk is instructed to mail a copy ofPetitioners letter, (Doc. No. 7), to the United States District Court for the Northern District ofIllinois. Signed by District Judge Max O. Cogburn, Jr on 1/6/2021. (Pro se litigant served by US Mail.)(ams)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:20-cv-307-MOC
(3:14-cr-229-MOC-DCK-11)
AHKEEM TAHJA MCDONALD,
Petitioner,
vs.
UNITED STATES OF AMERICA,
Respondent.
_______________________________________

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ORDER

THIS MATTER is before the Court on Petitioner’s pro se “Emergency” letter, (Doc. No.
7), in which he complains about the conditions of his incarceration.
Petitioner filed a Motion to Vacate pursuant to 28 U.S.C. § 2255 in the instant case in
which he challenges the life sentence that this Court imposed in the underlying criminal case. He
is presently incarcerated at the Thomson United States Penitentiary in Thomson, Illinois.
In the instant “Emergency” letter, Petitioner alleges that he is experiencing urgently
dangerous conditions of confinement. However, venue does not appear to lie in this Court and is
not appropriately raised in this § 2255 action. See generally 28 U.S.C. § 2255; 28 U.S.C. § 1391(b)
(addressing venue); 42 U.S.C. § 1983 (addressing civil rights actions); Bivens v. Six Unknown
Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971) (federal equivalent of § 1983);
see also 28 U.S.C. § 2241 (addressing execution of sentence). Petitioner should direct any concerns
about the conditions of his confinement to the appropriate court. Because Petitioner alleges that he
requires emergency relief, the letter will be forwarded to the United States District Court for the
Northern District of Illinois in an abundance of caution.
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Case 3:20-cv-00307-MOC Document 8 Filed 01/06/21 Page 1 of 2

IT IS, THEREFORE, ORDERED that the Clerk is instructed to mail a copy of
Petitioner’s letter, (Doc. No. 7), to the United States District Court for the Northern District of
Illinois.

Signed: January 6, 2021

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Case 3:20-cv-00307-MOC Document 8 Filed 01/06/21 Page 2 of 2