Young v. RRM Baltimore
Filing
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MEMORANDUM OPINION AND ORDER directing that this matter is transferred to the District of Maryland pursuant to 28 U.S.C. § 1631; directing the clerk to remove this matter from the court's docket. Signed by Magistrate Judge R. Clarke VanDervort on 10/20/2014. (cc: petitioner; Clerk of the Court for the United States District Court for the District of Maryland) (tmh)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
TOMMY EDWARD YOUNG, JR.,
Petitioner,
v.
RRM BALTIMORE,
Respondent.
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Civil Action No. 2:14-26938
MEMORANDUM OPINION AND ORDER
On October 14, 2014, United States District Judge Thomas E. Johnston filed a letter he
received from Petitioner challenging the BOP’s calculation of his sentence.1 (Criminal Action No.
2:09-00223, Document No. 283.) By Order entered on October 16, 2014, the undersigned construed
Petitioner’s letter as a habeas petition filed pursuant to 28 U.S.C. § 2241. (Id., Document No. 284.)
Pursuant to 28 U.S.C. § 2241(a), a writ of habeas corpus “may be granted by the Supreme
Court, any justice thereof, the district court and any circuit judge within their respective
jurisdictions.” 28 U.S.C. § 2241(a)(emphasis added). Title 28 U.S.C. § 2242 provides that a
petitioner should name “the person who has custody over him” as the respondent to his habeas
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On March 8, 2010, Mr. Young was convicted of one count of Conspiracy in violation of
18 U.S.C. § 371 (Count 1); one count of Possession of a Stolen Motor Vehicle in violation of 18
U.S.C. § 2313 (Count 4); and one count of Interstate Transportation of a Stolen Motor Vehicle in
violation of 18 U.S.C. § 2313 and 2 (Count 6). (Criminal Action No. 2:09-0223,Document No.
131.) On March 11, 2011, the District Court ordered that Mr. Young serve a 54-month term of
incarceration to be followed by a three-year term of supervised release. (Id., Document Nos. 214 and
216.) Approximately three days later, Mr. Young was sentenced in State Court wherein Circuit
Court Judge Irons ordered that Mr. Young’s State sentence was to be served concurrent to his
Federal sentence. (Id.) On March 24, 2011, the District Court conducted a further hearing to clarify
that Mr. Young’s Federal sentence was to run concurrent with his State sentence. (Id., Document
Nos. 212 and 217.) In his letter-form Section 2241 Petition, Petitioner appears to be arguing that the
BOP is improperly denying him nunc pro tunc designation.
petition. 28 U.S.C. § 2242. The custodian is “the person with the ability to produce the prisoner’s
body before the habeas court.” Rumsfeld v. Padilla, 542 U.S. 426, 434, 124 S.Ct. 2711, 159 L.Ed.2d
513 (2006). The Court finds that Petitioner is currently located at RRM Baltimore, which is located
in Annapolis Junction, Maryland. This Court, however, does not have jurisdiction over Petitioner’s
current custodian, who is located in Maryland. Jurisdiction with respect to the claims which
Petitioner raised herein is therefore in the District of Maryland. Accordingly, the Court finds that
the transfer of this matter is in the interest of justice and therefore warranted. See 28 U.S.C. § 1631.
Accordingly, it is hereby ORDERED that this matter is TRANSFERRED to the District
of Maryland pursuant to 28 U.S.C. § 1631. The Clerk is directed to REMOVE this matter from the
Court’s docket.
The Clerk is further directed to send a copy of this Memorandum Opinion and Order to
Petitioner, who is acting pro se, and the Clerk of the Court for the United States District Court for
the District of Maryland.
ENTER: October 20, 2014.
R. Clarke VanDervort
United States Magistrate Judge
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