LUC v. UNITED STATES OF AMERICA

Filing 3

MEMORANDUM (Order to follow as separate docket entry)As recognized in Tsoukalas, this Court lacks jurisdiction over the Warden of Moshannon Valley. A court may transfer any civil action for the convenience of parties or witnesses, or in the 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 the for Western District of Pennsylvania pursuant to § 1404(a). An appropriate Order will enter.Signed by Honorable Richard P. Conaboy on 4/9/15. (cc)

IN THE UNITED STATES DISTRICT COURT

fOR THE

MIDDLE DISTRICT Of PENNSYLVANIA

NORMANDIN LUC,
Petitioner

CIVIL NO.

3 :CV-15-6 81

v.
(Judge Conaboy)
UNITED STATES Of AMERICA,

FILED
SCRANTON
APR 09 2015

Respondent
MEMORANDUM

Background

.-ER _ _~~---::"_ _+_
DEPUTY CLERK

This pro se petition for writ of habeas corpus pursuant to 28
U.S.C. § 2241 was filed by Normandin Luc, an inmate presently
confined at the Moshannon Valley Correctional Instituti on ,
Philipsburg, Pennsylvania

(Moshan non Valley) .

The required filing

fee has not been paid and an in forma pauperis application has not
been filed.

for the reasons outlined herein, Luc's action will be

transferred to the United States District Court for the Western
District of Pennsylvania.
Named as sole Respondent is the United States of America.

1

Petitioner indicates that he is a non-violent offender presently
serving a federal cri minal sentence.

Luc states that he is willing

to waive his rights for a deportation hearing prior to the

The only properly named Respondent in a federal habeas
corpus action is Petitioner's custodial officia l, in this case the
Moshannon Valley Warden.
See 28 U.S.C. § 2242 .
1

completion of his sentence. See Doc. I, p. 1.
Petitioner's pending action does not challenge the legality of
his federal criminal conviction or resulting sentence.

be immediately deported back to his native

requests only that
country w

Rather, Luc

hout having to complete the remainder of his sentence. 2

Discussion

Relief pursuant to § 2241 may only be sought in the district
court having jurisdiction over a petitioner's custodian.
Rumsfeld v. Padilla, 542 U.S.426, 442

See

(2004) (jurisdiction for

habeas corpus petitions challenging present physical confinement
lies in only one

st

cti the district of confinement); Braden v.

30 th Judicial Circuit Court, 410 U.S. 484, 494-95 (1973).
Although having a mailing address as Phillipsburg,
Pennsylvania, which is located in Centre County and

thin the

confines of the Middle District of Pennsylvania, Moshannon Valley
Correctional Center is actually located in Decatur Township,
Pennsylvania, on the eastern edge of Clearfield County, which is
within the jurisdiction of the United States
Western District of Pennsylvania.

st

ct Court for the

See Tsoukalas v. United States,

215 Fed. Appx. 152 (3d Cir. 2007) (jurisdiction over a

§

2241

Habeas corpus re ew under § 2241 "allows a federal prisoner
to challenge the 'execution' of his sentence." Woodall v. Federal
Bureau of Prisons, 432 F.3d 235, 241 (3d Cir. 2005).
Review is
available "where the deprivation of rights is such that it
necessarily impacts the fact or length of detention." Leamer v.
288 F.3d 532, 540 (3d Cir. 2002).
2

petition filed by Moshannon Valley inmate rests with the Western
District of Pennsylvan

).

As recognized in Tsoukalas, this Court lacks jurisdiction over
the Warden of Moshannon Val
action

y.

A court may transfer any civil

r the convenience of

parties or witnesses, or in the

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

the Western

District of Pennsylvania pursuant to § 1404(a). An appropriate
Order will enter.

1<-£1

{Nfl/ / J

ICHARD P. CONABOY
United States District Ju ge

tji11

DATED: APRILL ' 2015

3