Demos v. The State of Washington et al

Filing 3

MEMORANDUM OPINION AND ORDER re: 1 Petition for Writ of Habeas Corpus (2241); jurisdiction with respect to the claims which Petitioner raised herein is in the Eastern District of Washington; directing that this matter is TRANSFERRED to the Ea stern District of Washington pursuant to 28 U.S.C. § 1631; and this matter removed from the Court's docket. Signed by Magistrate Judge R. Clarke VanDervort on 11/19/2014. (cc: petitioner, pro se; Clerk of the Court, the United States District Court for the Eastern District of Washington, Richland Division, is 825 Jadwin Avenue, Room 174, Richland, WA 99352) (taq)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
JOHN ROBERT DEMOS, JR.,
Petitioner,
v.
STATE OF WASHINGTON,
Respondent.

)
)
)
)
)
)
)
)
)

CIVIL ACTION NO. 2:14-28460

MEMORANDUM OPINION AND ORDER
On November 17, 2014, Petitioner, acting pro se and incarcerated in Washington State
Penitentiary, filed his Application for Writ of Habeas Corpus by a Person in Federal Custody under
28 U.S.C. § 2241. (Document No. 1.).
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
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 incarcerated at Washington State
Penitentiary, which is located in Walla Walla, Washington. This Court, however, does not have
jurisdiction over Petitioner’s current warden, who is located in Washington. Jurisdiction with respect
to the claims which Petitioner raised herein is therefore in the Eastern District of Washington.
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 Eastern
District of Washington pursuant to 28 U.S.C. § 1631.1 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 Eastern District of Washington.
ENTER: November 19, 2014.
R. Clarke VanDervort
United States Magistrate Judge

1

The address for the United States District Court for the Eastern District of Washington,
Richland Division, is 825 Jadwin Avenue, Room 174, Richland, WA 99352.
2