Barnes v. Warden of Lee County

Filing 3

ORDER, this action is transferred to the Western District of Virginia. The Clerk is directed to terminate this action after transferring it to the Western Districtof Virginia. Signed by Chief Judge Frank D. Whitney on 1/19/2018. (Pro se litigant served by US Mail.)(nvc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:18-cv-8-FDW
MARC ASHLEY BARNES,

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Petitioner,
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vs.
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WARDEN OF LEE UNITED STATES,
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PENITENTIARY,
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Respondent.
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__________________________________________)

ORDER

THIS MATTER is before the Court on Petitioner’s habeas corpus petition, brought
pursuant to 28 U.S.C. § 2241, (Doc. No. 1).
On January 12, 2018, Petitioner filed this writ of habeas corpus petition, pursuant to 28
U.S.C. § 2241. Petitioner challenges the BOP’s computation of his federal sentence, contending
that the BOP failed to credit time that Petitioner spent in state custody while serving his federal
sentence.
Petitioner is confined at Lee Federal Prison, which is in the Western District of Virginia.
Because the Section 2241 petition is properly filed in Petitioner’s district of confinement, this
Court will transfer the petition to the Western District of Virginia. See United States v. Vance,
563 Fed. App’x 277, 278 (4th Cir. 2014) (“A prisoner wishing to challenge the BOP’s
computation or execution of a federal sentence may do so via a petition for a writ of habeas
corpus under 28 U.S.C. § 2241 . . . in the district of his confinement following exhaustion of
available administrative remedies.”).
IT IS, THEREFORE, ORDERED that:
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1. This action is transferred to the Western District of Virginia.
2. The Clerk is directed to terminate this action after transferring it to the Western District
of Virginia.
3.

Signed: January 19, 2018

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