Blow v. Bureau of Prisons

Filing 26

ORDER, CASE TRANSFERRED to Western District of Virginia, signed by District Judge Claudia Wilken on 6/30/2009. CASE CLOSED.(Flores, E) [Transferred from California Eastern on 7/2/2009.]

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. BUREAU OF PRISONS, Respondent. / JIMMY RAYMOND BLOW, Petitioner, No. C 07-01357 CW (HC) ORDER TRANSFERRING PETITION FOR WRIT OF HABEAS CORPUS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Petitioner Jimmy Raymond Blow, a federal prisoner, filed this petition under 28 U.S.C. § 2241 claiming his due process rights were violated because there was insufficient evidence for the Discipline Hearing Officer to find him guilty of engaging in or encouraging a group demonstration. The incident in question took

place at the United States Penitentiary in Beaumont, Texas, where Petitioner was incarcerated from October 31, 2000 through July 11, 2006. Petitioner filed this petition on September 17, 2007, when

he was incarcerated at the United States Penitentiary in Atwater, California. On September 3, 2008, Petitioner was transferred to See

the United States Penitentiary Lee in Jonesville, Virginia. Docket # 16.

The writ of habeas corpus under 28 U.S.C. § 2241 can issue only from a court with jurisdiction over the prisoner or his custodian. United States v. Koller, 956 F.2d 1408, 1417 (9th Cir. 28 U.S.C. 2241(a). The statute allows

1992) (citations omitted).

"the Supreme Court, any justice thereof, the district courts and

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

any circuit judge" to grant writs of habeas corpus "within their respective jurisdictions." 28 U.S.C. 2241(a). Because the writ of

habeas corpus is directed at the person who allegedly has detained the prisoner unlawfully, section 2241(a) requires "nothing more than that the court issuing the writ have jurisdiction over the custodian." 495 (1973). Where a federal district court determines that the appropriate custodian resides within the State in which it sits, the district court has personal jurisdiction over the petition because its jurisdiction extends to the territorial limits of the State in which the court sits. United States ex rel. Ruffin v. Mancusi, 300 As long as the custodian of a Braden v. 30th Judicial Circuit Court, 410 U.S. 484,

F. Supp. 686, 687 (E.D.N.Y. 1969).

petitioner resides within California, this Court has personal jurisdiction over the custodian and is accordingly empowered to hear the petition. Because Petitioner is presently incarcerated in a federal penitentiary in Virginia, this Court lacks jurisdiction over him and his petition. In the interests of justice and judicial

efficiency, this Court transfers the petition to the Western District of Virginia which now has jurisdiction over Petitioner. CONCLUSION For the foregoing reasons, Petitioner's petition for a writ of habeas corpus is transferred to the Western District of Virginia. IT IS SO ORDERED.

Dated: 6/30/09

CLAUDIA WILKEN United States District Judge 2