Potts v. Warden, Usp1 Coleman

Northern District of California, cand-4:2015-cv-01628

ORDER TRANSFERRING CASE. Case transferred to the Middle District of Florida. Signed by Magistrate Judge Kandis A. Westmore on 5/14/15.

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 ROBERT C. POTTS, III, 7 Case No. 15-cv-01628-KAW (PR) Petitioner, 8 v. 9 ORDER OF TRANSFER WARDEN, USP1 COLEMAN, 10 Respondent. 11 12 Northern District of California United States District Court 13 Petitioner Robert C. Potts, III, a federal prisoner incarcerated at the Federal Correctional 14 Complex located in Coleman, Florida, has filed a pro se petition for a writ of habeas corpus 15 pursuant to 28 U.S.C. § 2241, challenging the execution of his sentence which was imposed by the 16 United States District Court for the Southern District of Florida. 17 Review of the execution of a federal sentence is properly brought as a petition under 18 28 U.S.C. § 2241. United States v. Giddings, 740 F.2d 770, 772 (9th Cir. 1984). However, 19 jurisdiction over challenges to physical confinement lies only in the district of confinement. 20 21 Rumsfeld v. Padilla, 542 U.S. 426, 444 (2004). The Federal Correctional Complex in Coleman, 22 Florida, located in Sumter County, is in the jurisdiction of the United States District Court for the 23 Middle District of Florida. Therefore, jurisdiction over this case is in the Middle District of 24 Florida, not in this district. 25 In the interests of justice, the district court where the petition is filed may transfer the 26 petition to the district which has jurisdiction over the petition. See 28 U.S.C. § 1631. Pursuant to 27 28 28 U.S.C. § 1631 and in the interest of justice, the Clerk of the Court is ordered to TRANSFER this action forthwith to the district of Petitioner's confinement, i.e., the United States District 1 2 Court for the Middle District of Florida. 3 All remaining motions are TERMINATED on this Court's docket as no longer pending in 4 this Court. 5 IT IS SO ORDERED. 6 Dated: May 14, 2015 ______________________________________ 7 KANDIS A. WESTMORE UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2