Burress v. Cruz

Filing 3

MEMORANDUM OPINION AND ORDER pursuant to the 1 Petition for Writ of Habeas Corpus (2241), directing that this matter is TRANSFERRED to the District of South Carolina pursuant to 28 U.S.C. § 1631; the Clerk is directed to REMOVE this matter from the Court's docket. Signed by Magistrate Judge R. Clarke VanDervort on 10/28/2014. (cc: petitioner, pro se; Clerk of the Court, the United States District Court for the District of South Carolina) (taq)[Transferred from West Virginia Southern on 10/29/2014.]

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
ROGER D. BURRESS,
Petitioner,
v.
MARIA CRUZ, Warden,
Respondent.

)
)
)
)
)
)
)
)
)

CIVIL ACTION NO. 2:14-27192

MEMORANDUM OPINION AND ORDER
On October 23, 2014, Petitioner, acting pro se and incarcerated at FCI Williamsburg, filed
his Application for Writ of Habeas Corpus by a Person in Federal Custody under 28 U.S.C. § 2241.1
(Document No. 1.).
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 FCI Williamsburg, which is
located in Salters, South Carolina. This Court, however, does not have jurisdiction over Petitioner’s
current warden, who is located in South Carolina. Jurisdiction with respect to the claims which

1

Petitioner currently has a Section 2255 Motion pending before this Court. In his Section
2255 Motion, Petitioner argues that this Court lacked jurisdiction to indict, convict, and sentence
him in Criminal Action No. 2:03-cr-00024. Burgess v. United States, Civil Action No. 2:14-24193
(S.D.W.Va.).

Petitioner raised herein is therefore in the District of South Carolina. 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 District
of South Carolina 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 District of South Carolina.
ENTER: October 28, 2014.
R. Clarke VanDervort
United States Magistrate Judge

2