Strouse v. Bureau of Prisons et al

Filing 68

MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 03/04/2014. Copy mailed to Petitioner. (walk, )

IN THE UNITED
FOR THE

EJLL

STATES DISTRICT COURT

EASTERN DISTRICT OF VIRGINIA

E

MAR - 4 m

Richmond Division

JAMES STROUSE,

CLERK, U.S. L'. ,r -T COURT
RlCHiV.Uf.'D, VA

Petitioner,
Civil Action No.

V

ERIC D.

3:12CV653

WILSON,

Respondent.
MEMORANDUM OPINION

James
Federal

Strouse,

Correctional

Petersburg"),

brings

a

federal

prisoner

Institution

this

in

petition

incarcerated

Petersburg,

for a writ

in

Virginia

of

habeas

the
("FCI

corpus

pursuant to 28 U.S.C. § 22412 ("§ 2241 Petition," ECF No. 25).

1 Strouse named as

respondents

the BOP and a number

of

individuals.
Eric D. Wilson,
the Warden of FCI Petersburg
correctly notes that he is the only proper respondent.
(Mem.
Law Supp. Mot. Summ. J. 1 n.l, ECF No. 32 (citing Rumsfeld v.
Padilla, 542 U.S. 426, 434-35 (2004)).
Accordingly, the Clerk
will

be

directed

to

amend

the

docket

to

reflect

Wilson

as

sole respondent.

2 That statute provides, in pertinent part:
(c)
The writ of habeas corpus shall not extend to a
prisoner unless—
(1)
He is in custody under or by color of the
authority of the United States or is committed for
trial before some court thereof;

or

(2)
He is in custody for an act done or omitted
in pursuance of an Act of Congress, or an order,
process, judgment or decree of a court or judge of
the United States;

(3)

He

is

Constitution
States

28 U.S.C.

or

in
or

custody

laws

....

§ 2241(c) (l)-(3) .

or

in

violation

treaties

of

the

of

the

United

the