HALL v. WATSON

• Court: District Court, S.D. Indiana
• Decided: November 5, 2020
• Docket: 2:19-cv-00478
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION

KEVIN TOMMIE HALL, ) ) Petitioner, ) ) v. ) No. 2:19-cv-00478-JPH-MJD ) WATSON, ) ) Respondent. )

Order Transferring Action to the Middle District of Florida

Petitioner Kevin Tommie Hall, a federal inmate currently incarcerated in the U.S. Penitentiary Coleman II in Coleman, Florida, has filed a petition under 28 U.S.C. § 2241, challenging his sentence in view of 28 U.S.C. § 2255(e), generally known as the Savings Clause. The "default rule" is that a § 2241 petition must be brought where the Petitioner's immediate custodian is located unless some other provision of law can be found granting another district court jurisdiction. Rumsfeld v. Padilla, 542 U.S. 426, 442 (2004). District courts are limited to granting habeas relief "within their respective jurisdictions," which limits proceedings to the federal district in which the petitioner is detained. 28 U.S.C. § 2241(a); Rumsfeld, 542 U.S. at 442; al-Marri v. Rumsfeld, 360 F.3d 707, 709 (7th Cir. 2004) (citing Wales v. Whitney, 114 U.S. 564, 574 (1885); Carbo v. United States, 364 U.S. 611, 617 (1961)). Moreover, 28 U.S.C. §§ 2242 and 2243 are directed to the person who currently has custody over the petitioner. Because Mr. Hall is currently incarcerated in Coleman, Florida, the district court with jurisdiction over a § 2241 petition is in the Middle District of Florida. 28 U.S.C. § 127(b). Based on the foregoing, this action is transferred to the United States District Court for the Middle District of Florida. The clerk is directed to transfer this action to the United States District Court, Middle District of Florida, Ocala Division. Following completion of the transfer, the clerk is directed to close this action on the docket. SO ORDERED. Date: 11/5/2020

SJamu Patrick awlove James Patrick Hanlon United States District Judge Southern District of Indiana

Distribution: KEVIN TOMMIE HALL 0367 1-031 COLEMAN - II USP COLEMAN II U.S. PENITENTIARY Inmate Mail/Parcels P.O. BOX 1034 COLEMAN, FL 33521 James Robert Wood UNITED STATES ATTORNEY'S OFFICE (Indianapolis) bob.wood @usdoj.gov