(HC) Sandstrom v. Warden

District Court, E.D. California·Decided November 3, 2021·No. 1:21-cv-01618·Unknown

Opinion

1 2 5 STEVEN MICHAEL SANDSTROM, 6 Case No. 21-cv-08452-JCS (PR) Petitioner, 7 Vv. ORDER OF TRANSFER 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. 24 ) Dated: November 3, 2021 Z Zo 25 é fen C. SPERO 26 Chief Magistrate Judge 27 28

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Related

Rumsfeld v. Padilla
542 U.S. 426 (Supreme Court, 2004)