Kingsberry v. Thomas

Filing 5

MEMORANDUM OPINION AND ORDER directing that this matter is transferred to the Middle District of Pennsylvania pursuant to 28 U.S.C. § 1631; directing the clerk to removed this matter from the Court's docket. Signed by Magistrate Judge R. Clarke VanDervort on 9/27/2013. (cc: Petitioner; Clerk of the Court for the United States District Court for the Middle District of Pennsylvania) (tmh) [Transferred from West Virginia Southern on 9/27/2013.]

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
TRAVIS KINGSBERRY,
Petitioner,
v.
J.E. THOMAS, Warden,
Respondent.

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CIVIL ACTION NO. 2:13-023443

MEMORANDUM OPINION AND ORDER
On September 23, 2013, Petitioner, acting pro se and incarcerated at USP Lewisburg, filed
his Application to Proceed Without Prepayment of Fees and Costs (Document No. 1.) and
Application for Writ of Habeas Corpus by a Person in Federal Custody under 28 U.S.C. § 22411
(Document No. 2.).
Pursuant to 28 U.S.C. § 2241(a), a writ of habeas corpus “may be granted by the Supreme
Court, any justice thereof, the district court and any circuit judge within their respective
jurisdictions.” 28 U.S.C. § 2241(a)(emphasis added). Title 28 U.S.C. § 2242 provides that a
petitioner should name “the person who has custody over him” as the respondent to his habeas
petition. 28 U.S.C. § 2242. The custodian is “the person with the ability to produce the prisoner’s
body before the habeas court.” Rumsfeld v. Padilla, 542 U.S. 426, 434, 124 S.Ct. 2711, 159 L.Ed.2d
513 (2006). The Court finds that Petitioner is currently incarcerated at USP Lewisburg, which is
located in Lewisburg, Pennsylvania. This Court, however, does not have jurisdiction over
Petitioner’s current warden, who is located in Pennsylvania. Jurisdiction with respect to the claims

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Petitioner contends that his due process rights were violated during disciplinary
proceedings at FCI Beckley.

which Petitioner raised herein is therefore in the Middle District of Pennsylvania. Accordingly, the
Court finds that the transfer of this matter is in the interest of justice and therefore warranted. See
28 U.S.C. § 1631.
Accordingly, it is hereby ORDERED that this matter is TRANSFERRED to the Middle
District of Pennsylvania pursuant to 28 U.S.C. § 1631. The Clerk is directed to REMOVE this
matter from the Court’s docket.
The Clerk is further directed to send a copy of this Memorandum Opinion and Order to
Petitioner, who is acting pro se, and the Clerk of the Court for the United States District Court for
the Middle District of Pennsylvania.
ENTER: September 27, 2013.
R. Clarke VanDervort
United States Magistrate Judge

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