Mejia v. United States of America

Filing 3

TRANSFER ORDER: The Clerk of the Court is directed to transfer this case to the United States District Court for the Western District of Texas for further proceedings. 28 U.S.C. § 1406(a). A ruling on petitioner's application to proceed in forma pauperis ("IFP") is reserved for the transferee Court. That provision of Rule 83.1 of the Local Rules of the Eastern District of New York which requires a seven day delay is waived. Ordered by Judge Pamela K. Chen on 6/19/2013. See attached for further details. Case transferred to the Western District of Texas via ECF. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Abdallah, Fida)[Transferred from New York Eastern on 6/20/2013.]

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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TRANSFER ORDER
13 CV 3368 (PKC)

ALFREDO MEJIA,

Petitioner,
-againstUNITED STATES OF AMERICA,

Respondent.

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CHEN, United States District Judge:

Petitioner, presently incarcerated at Reeves County Detention Center III, located in Pecos,
Texas, files the instant prose p-etition pursuant to 28 U.S.C. § 2241 challenging the computation
of his sentence. A petition brought pursuant to 28 U.S.C. § 2241 must be filed in the United States

district court where the petitioner is incarcerated. See 28 U.S.C. §§ 2241(a) (providing federal
courts with power to grant a writ_ofhabeas corpus only "within their respective jurisdictions.").
This requirement is jurisdictional. Rumsfe1d v. Padilla, 542 U.S. 426, 442 (2004) ("Whenever a§
2241 halieas petitioner seeks to chal1erige his present physical custody within the United States, he

should name his warden as respondent and file the petition in the district of confinement.");
Ezeigwe v. Holder, No. 12-CV-2200, 2012 WL 1965403, at •2 (E.D.N.Y: May. 29, 2012). Here,
the Court lacks jurisdiction to adjudicate petitioner's claims as petitioner is presently confined in
the Western District of Texas.

Conclusion

Accordingly, the Clerk o(Court is directed to transfer this case to the United States
District Court for the Western District of Texas for further proceedings. 28 U.S.C. § 1406(a). A
ruling on petitioner's application to proceed in forma pauperis ("IFP") is reserved for the

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transferee Court. That provision of Rule 83.1 of the Local Rules of the Eastern District of New
Y ark which requires a seven day delay is waived.

SO ORDERED.

s/PKC
PAMELA K.. CHEN
United States District Judge

Dated: June 19, 2013
Brooklyn, New York

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