Awala v. Immigration Judge et al

Filing 3

REPORT AND RECOMMENDATIONS on 28 USC 2241 case re 1 Petition (Complaint) by Prisoner for Writ of Mandamus filed by Gbeke Michael Awala Recommending that the Clerk be directed to transfer this case to the correct District Court for York, Pennsylvania, pursuant to 28 U.S.C. §1406(a). Objections to R&R due by 1/15/2010. Signed by Magistrate Judge Patrick A. White on 12/29/2009. (br) [Transferred from Florida Southern on 3/4/2010.]

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 09-23810-CIV-HUCK MAGISTRATE JUDGE P.A. WHITE GBEKE MICHAEL AWALA, Petitioner, v. IMMIGRATION JUDGE, ET AL Respondent. : : : : : REPORT RECOMMENDING TRANSFER OF VENUE 28 U.S.C. §2241 Gbeke Michael Awala, a prisoner confined at the York County Prison in York, Pa, has filed a pro se petition for writ of habeas corpus pursuant to 28 U.S.C. §2241-43, seeking a stay of deportation. He has also titled this pleading a writ of mandamus to seek an order compelling the federal government to pay him one billion dollars in damages. The institution where the petitioner is confined is located in York, Pennsylvania. The applicable venue provision for a §2241 action is 28 U.S.C. §2241(d), which provides concurrent jurisdiction in the district of confinement and the district of conviction, when a state conviction is attacked as unconstitutional. This petition does not attack the validity of a conviction, and the appropriate venue is therefore the district of confinement. See: Fernandez v. United States, 941 F.2d 1488, 1495 (11th Cir. 1991); Hajduk v. United States, 764 F.2d 795 (11 Cir. 1985); and United States v. Boccadisi, 468 F.Supp. 419 (E.D.N.Y. 1979). It is therefore recommended that the Clerk be directed to transfer this case to the correct District Court for York, Pennsylvania, pursuant to 28 U.S.C. §1406(a). Objections to this report may be filed with the District Judge within fourteen days of receipt of a copy of the report. Dated this 29th day of December, 2009. UNITED STATES MAGISTRATE JUDGE cc: Gbeke Michael Awala, Pro Se No. 133892 York County Prison 3400 Concord Rd York, Pa. 17402 2

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