(HC) Sandstrom v. Warden

• Court: District Court, E.D. California
• Decided: November 3, 2021
• Docket: 1:21-cv-01618
• Status: Unknown

Opinion

1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 STEVEN MICHAEL SANDSTROM, 6 Case No. 21-cv-08452-JCS (PR) Petitioner, 7 Vv. ORDER OF TRANSFER 9 WARDEN, Respondent. 10 1] gs 212 Petitioner, a federal prisoner who was convicted in Missouri and is housed at USP E 13 || Atwater in the Eastern District of California, seeks habeas relief from his federal . 14 |] convictions. As a general rule, federal prisoners must pursue such relief by way of a 28 3 15 || U.S.C. § 2255 petition filed in the district of conviction. Here, however, petitioner seeks A 16 || relief under 28 U.S.C. § 2241 on grounds that § 2255 is an inadequate means to test the

17 || legality of his convictions. (Pet., Dkt. No. 1 at 10.) 18 “For core habeas petitions challenging present physical confinement [under 19 || § 2241], jurisdiction lies in only one district: the district of confinement.” Rumsfeld v. 20 || Padilla, 542 U.S. 426, 442-43 (2004). Accordingly, this action is TRANSFERRED to the 21 || Eastern District of California as that 1s the district of confinement. 28 U.S.C. §§ 1404(a), 22 || 2241(b). The Clerk shall transfer this action forthwith. 23 IT IS SO ORDERED. 24 |) Dated: November 3, 2021 Z Zo 25 é fen C. SPERO 26 Chief Magistrate Judge 27 28