Tammimi v. UNITED STATES OF AMERICA

Filing 4

MEMORANDUM (Order to follow as separate docket entry)Asrecognized in Tsoukalas, this Court lacks jurisdiction over the Warden of Moshannon Valley. A court may transfer any civil action for the convenience of the parties or witnesses, or in the intere st of justice, to any district where the action might have been brought. 28 U.S.C. § 1404(a). Consequently, this matter will be transferred to the United States District Court for the Western District of Pennsylvania pursuant to § 1404(a). An appropriate Order will enter.Signed by Honorable Richard P. Conaboy on 4/2/15. (cc)

IN THE UNITED STATES DISTRICT COURT

f OR THE

MIDDLE DISTRICT Of PENNSYLVANIA

AMIR ABBAS TAMM IMI ,

Petitioner

CIVIL NO . 3:CV- 15-613

v.
(Judge Co naboy)
UNITED STATES Of AMERICA ,

FILED
SCRANTO
ADR 0 2 2015

Respondent
MEMORANDUM

l~c;R

Background

--~D~E=PU~T~Y~C-L-E-R+---

This pro se petition for writ of habeas corpus pursuant to 28
U. S . C .

§

2241 was filed by Amir Abbas Tammimi , an inmate presently

confined at the Moshannon Valley Correctional Institution ,
Philipsbur g , Pe nnsyl va nia
fee h as been paid.

(Moshannon Val ley).

Th e required filing

for the reasons outlined herein, Tammimi ' s

action will be transferred t o the United States District Court f o r
the Western District of Pennsylvania .
Named as sole Respondent is

he United States of America.

1

Petitioner indicates t ha t he is a non-violent of fender presentl y
serving a federal criminal sentence.

Tammimi states t ha t

he is

willing to wai v e his rights for a deportation hearing prior to the
completion of his sentence. See Doc . 1 , p. 1 .

The on ly properly named Respondent in a federal hab eas
corpus action is Petitioner ' s c ust odi al official , in t h is case t h e
M s hannon Valley Warden.
o
See 28 U.S.C. § 2242.
1

Petitioner's pending action does not challenge the legality of
his federal criminal conviction or resulting sentence.
Tammimi requests only that he be immediately
native country without having to complete t

Rather,

ed back to his
remainder of his

sentence.
Discussion

Relief pursuant to
court having j

§

224

may only be s

sdiction over a petitioner's custodian.

Rumsfeld v. Padilla, 542 U.S.426, 442
habeas corpus

in the district

(2004) (jurisdiction for

itions challenging present

lies in only one district;

ical confinement

district of confinement);
4 0 U.S. 484, 494 95 (1973).

Although having a mailing address as Phill

sburg,

Pennsylvania, which is located in Centre County and within t
confines of the Middle Dist

ct of ?ennsylvan

,Moshannon Valley

Correctional Center is actually located in Decatur Township,
of Clearf

?ennsylvania, on the eastern

ld County, whi

is

within the jurisdiction of the United States District Court for the
Western District of Penns
215 Fed.

ia.

See

152 (3d Cir. 2007) (jurisdiction over a

§

2241

petition filed by Moshannon Valley inmate rests with the Western
] Habeas corpus review under § 2241 "allows a federal prisoner
to challenge the 'execution' of his sentence." Woodall
Federal
~~~~:=:....=..---"'-;:..=.~~, 432 F.3d 235, 241 (3d Cir. 2005).
ew is
available "where the deprivation of rights is such that it
necessar y impacts the fact or length of
ention."
Fauver, 288 F.3d 532, 540 (3d Cir. 2002).
2

strict of Pennsylvania).
zed in Tsoukalas, this Court lacks jurisdiction over

As

the Warden of Moshannon Valley.

A court may transfer any civil

of the parties or witnesses, or in the

action for the conven

interest of justice, to any district where the action might have
been brought. 28 U.S.C.

§

1404(a).

Consequently, this matter will

be transferred to the United States District Court for the Western
District of Pennsylvania pursuant to
Order will enter.

§

1404(a). An appropriate

J/;tN~~1 ( tJ(ttC<! -(e<~
RICHARD P. CONABOY
United States District Judge

DATED: APRIL

tf)~(

v;

2015

3

f