Reynolds v. Hudgins

Filing 3

MEMORANDUM AND ORDER:IT IS HEREBY ORDERED that this action shall be TRANSFERRED to the United States District Court for the Southern District of South Dakota. Signed by District Judge Stephen N. Limbaugh, Jr on 10/3/2017. (JMC)[Transferred from Missouri Eastern on 10/4/2017.]

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
STEPHEN BRIAN REYNOLDS,
Petitioner,
v.
RICHARD HUDGINS,
Respondent.

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No. 1:17-cv-176-NCC

MEMORANDUM AND ORDER
This matter is before the Court upon review of Stephen Brian Reynolds’s petition for a
writ of habeas corpus pursuant to 28 U.S.C. § 2241. The Court lacks jurisdiction to grant the
writ, and will transfer this case to the United States District Court for the Southern District of
South Dakota.
A district court’s jurisdiction over writs filed pursuant to 28 U.S.C. § 2241 is
geographically limited to the judicial district in which petitioner’s custodian is located. 28
U.S.C. § 2241(a); Rumsfeld v. Padilla, 542 U.S. 426, 442 (2004).

Petitioner is currently

confined in the Yankton Federal Prison Camp located in Yankton, South Dakota. Petitioner’s
custodian, therefore, is located within the United States District Court for the Southern District of
South Dakota. 28 U.S.C. § 122.
Pursuant to 28 U.S.C. § 1631, a District Court that finds that it lacks jurisdiction to
entertain a civil action may, if it is in the interest of justice, transfer such action to any other
Court in which such action could have been brought. Upon transfer under § 1631, the action
proceeds as if it had been originally filed in the Court to which it is transferred. The Court finds

that it would be in the interest of justice to transfer the instant case to the United States District
Court for the Southern District of South Dakota.
Accordingly,
IT IS HEREBY ORDERED that this action shall be TRANSFERRED to the United
States District Court for the Southern District of South Dakota.
Dated this 3rd day of October, 2017.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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