Owen v. Unknown
Filing
2
OPINION. Signed by Judge James P. Jones on 4/22/2019. (tvt)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
BRETT A. OWEN,
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Petitioner,
v.
UNKNOWN,
Respondent.
Case No. 7:19CV00316
OPINION
By: James P. Jones
United States District Judge
Brett A. Owen, Pro Se Petitioner.
The petitioner, Brett A. Owen, an inmate in the Eastern Correctional
Institute, located at in Westover, Maryland, filed this action, pro se, as a Petition
for a Writ of Habeas Corpus under 28 U.S.C. § 2241. Owen’s petition states that
he is currently serving a term of imprisonment imposed by the Worcester County
Circuit Court, located in Maryland. Upon review of the record, I conclude that
Owen’s petition must be summarily dismissed.
A petition under § 2241 is a statutory remedy that a person in custody may
utilize to challenge the execution of a federal criminal sentence, or in limited
circumstances, the constitutionality of his confinement under a federal conviction
and/or sentence. Moreover, a § 2241 petition must be brought in the district court
with jurisdiction over the petitioner’s custodian, who is usually the warden of the
prison facility where the petitioner is incarcerated. In re Jones, 226 F.3d 328, 332
(4th Cir. 2000). Owen is confined in Maryland. Thus, I have no jurisdiction over
the warden in Maryland who is Owen’s current custodian. Therefore, I also have
no jurisdiction to address claims Owen may have under § 2241.
I also cannot find that the interests of justice warrant transfer of the petition
to the appropriate federal court in Maryland. See 28 U.S.C. § 1406(a). Owen’s
petition states claim for relief. Indeed, that section of the § 2241 petition form is
completely blank. Accordingly, I will summarily dismiss the petition for lack of
jurisdiction, without prejudice to Owen’s submission of an adequate § 2241
petition in the appropriate court.1
A separate Final Order will be entered herewith.
DATED: April 22, 2019
/s/ James P. Jones
United States District Judge
1
Because Owens’ petition does not make any statement of his claims, I am unable
to determine if they could be raised in a § 2241 petition or would more appropriately be
addressed using another remedy, such as a petition for a writ of habeas corpus pursuant to
28 U.S.C. § 2254 (habeas corpus remedy for a person challenging validity of his
confinement under a state court judgment). A § 2254 petition must be filed in the federal
district court where the state court of conviction is located — which for Owen would be
the United States District Court for the District of Maryland. See 28 U.S.C. § 2241(a).
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