James v. Warden FCI El Reno

Filing 3

ORDERED that the Court DIRECTS the Clerk of Court to TRANSFER this action to the Western District of Oklahoma for all further proceedings. Signed by Magistrate Judge Christopher L. Ray on 11/25/24. (loh) [Transferred from Georgia Southern on 11/25/2024.]

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
CALVIN JAMES,

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Petitioner,
v.
WARDEN, FCI EL RENO,
Respondent.

CV424-260

ORDER
Pro se petitioner Calvin James has filed the instant petition,
pursuant to 28 U.S.C. § 2241, challenging the calculation of his sentence.
See, e.g., doc. 1 at 1 (disputing calculation of James’ “release date” by
Bureau of Prisons personnel). He moves to proceed in forma pauperis.
Doc. 2. Since it appears that he lacks the funds to pay the required filing
fee, that Motion is GRANTED.

Doc. 2. The Court must, therefore,

proceed to screen the petition. See Rule 4, Rules Governing Section 2254
Cases (“If it plainly appears from the petition and any attached exhibits

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that the petitioner is not entitled to relief in the district court, the judge
must dismiss the petition . . . .”). 1
“Writs of habeas corpus may be granted by the . . . district courts .
. . within their respective jurisdictions.” 28 U.S.C. § 2241(a); see also
Rumsfeld v. Padilla, 542 U.S. 426, 447 (2004) (“Whenever a § 2241
habeas petitioner seeks to challenge his present physical custody within
the United States, he should name his warden as respondent and file the
petition in the district of confinement.”); Fernandez v. United States, 941
F.2d 1488, 1495 (11th Cir. 1991) (“Section 2241 petitions may be brought
only in the district court for the district in which the inmate is
incarcerated.”). Since he is challenging the calculation of his sentence,
his request is properly brought pursuant to § 2241. See, e.g., United
States v. Mervin, 2022 WL 2079317, at *2 (S.D. Ga. June 9, 2022) (citing,
inter alia., United States v. Lassiter, 812 F. App’x 896, 900 (11th Cir.
2020)) (explaining the proper procedure for challenging a determination
of sentence-credit). James’ petition indicates that he is incarcerated at
the Federal Correctional Institution in El Reno, Oklahoma. See doc. 1

The Rules Governing Section 2254 Cases also govern petitions pursuant to § 2241.
See Rule 1(b), Rules Governing Section 2254 Cases.
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at 1. El Reno, Oklahoma is located in Canadian County, Oklahoma,
which lies in the Western District of Oklahoma.

28 U.S.C. § 116(c).

This Court, therefore, lacks jurisdiction over James’ petition.

See

Fernandez, 941 F.2d at 1495; see also, e.g., United States v. Michel, 817
F. App’x 876, 879 (11th Cir. 2020) (concluding “[t]he district court . . .
declined correctly to review [prisoner’s] request for relief under 28 U.S.C.
§ 2241[,]” because the request was not filed in the district of confinement).
The proper venue for this action is in the United States District
Court for the Western District of Oklahoma. See 28 U.S.C. § 1391(b)
(venue); 28 U.S.C. § 1406 (district courts may dismiss or transfer cases
suffering venue defects); 28 U.S.C. § 116(c).

Accordingly, the Court

DIRECTS the Clerk of Court to TRANSFER this action to the Western
District of Oklahoma for all further proceedings.
SO ORDERED, this 25th day
y of November,, 2024.
_______________________________
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CH
CHRISTOPHER
HRI
R STOP
OP
PHE
H R L. RAY
UNITED STATE
STATES
ES MAGISTRA
MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

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