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Carrillo v. United States

United States District Court, M.D. Pennsylvania

March 23, 2015

ANTONIO LEODAN CARRILLO, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent.

REPORT AND RECOMMENDATION

KAROLINE MEHALCHICK, Magistrate Judge.

On March 20, 2015, the Court received and filed a motion for immediate deportation construed as a habeas petition pursuant to 28 U.S.C. § 2241, signed and dated by the Petitioner on March 16, 2015. (Doc. 1). The Petitioner, a federal prisoner incarcerated at the Moshannon Valley Federal Correctional Center in Philipsburg, Pennsylvania, seeks immediate deportation pursuant to 8 U.S.C. § 1252(h)(2)(a).

Petitioner challenges the duration of confinement. Jurisdiction over Petitioner's habeas petition is proper in the district court for the federal judicial district where the prisoner is in custody. 28 U.S.C. § 2241(d). In this case, the Petitioner is currently incarcerated at the Moshannon Valley Federal Correctional Center, which is located in Philipsburg, Clearfield County, Pennsylvania. Clearfield County is situated within the jurisdiction of the Western District of Pennsylvania. See Tsoukalas v. U.S., 215 Fed.App'x 152 (3d Cir. 2007) (per curiam); Bennett v. Reilly, Civil Action No. 09-cv-01663, 2011 WL 6739460, at *3-*4 (E.D. Pa. Dec. 21, 2011).[1] As such, it is clear that the United States District Court for the Middle District of Pennsylvania does not have jurisdiction over his petition. Rumsfeld v. Padilla, 542 U.S. 426 (2004); 28 USC § 118(c) (WDPA counties).

Considering that the United States District Court for the Western District of Pennsylvania is the district with proper jurisdiction, and considering that it would be in the interest of justice to transfer this petition to the Western District of Pennsylvania, it is recommended that this case be transferred to the United States District Court for the Western District of Pennsylvania for further proceedings. See 28 U.S.C. § 1406(a) (authorizing transfer to proper venue); Goldlawr, Inc. v. Heiman, 369 U.S. 463, 465-66 (1962) (allowing venue transfers under § 1406(a) in the absence of jurisdiction).


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