Oden v. Wilson

E.D. Virginia

Oden v. Wilson

DecidedJanuary 13, 2020

Docket3:19-cv-00781

StatusUnknown

This text of Oden v. Wilson (Oden v. Wilson) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Oden v. Wilson, (E.D. Va. 2020).

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division CHRISTOPHER W. ODEN, Petitioner, v. Civil Action No. 3:19CV781 ERIC WILSON, Respondent. MEMORANDUM OPINION Christopher W. Oden, a federal inmate proceeding pro se, submitted this 28 U.S.C. § 2241 Petition. In his § 2241 Petition, Oden challenges an institutional disciplinary hearing. (ECF No. 1, at 2.) Oden is currently incarcerated in “U.S.P. Marion” in Marion, Illinois. (/d. at 1.) As this court previously informed Oden, “[w]henever a § 2241 habeas petitioner seeks to challenge his present physical custody within the United States, he should name his warden as respondent and file the petition in the district of confinement.” Oden v. Wilson, No. 3:17CV286, 2018 WL 359478, at *4 n.5 (E.D. Va. Jan. 10, 2018) (emphasis added) (quoting Rumsfeld v. Padilla, 542 U.S, 426, 447 (2004)). Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. Oden remains free to refile the action in the district of his confinement. An appropriate Order shall accompany this Memorandum Opinion

Isf lL Date: / 0 eee 2020 tinied States Dist t Judg Richmond, Virginia

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division CHRISTOPHER W. ODEN, Petitioner, v. Civil Action No. 3:19CV781 ERIC WILSON, Respondent. MEMORANDUM OPINION Christopher W. Oden, a federal inmate proceeding pro se, submitted this 28 U.S.C. § 2241 Petition. In his § 2241 Petition, Oden challenges an institutional disciplinary hearing. (ECF No. 1, at 2.) Oden is currently incarcerated in “U.S.P. Marion” in Marion, Illinois. (/d. at 1.) As this court previously informed Oden, “[w]henever a § 2241 habeas petitioner seeks to challenge his present physical custody within the United States, he should name his warden as respondent and file the petition in the district of confinement.” Oden v. Wilson, No. 3:17CV286, 2018 WL 359478, at *4 n.5 (E.D. Va. Jan. 10, 2018) (emphasis added) (quoting Rumsfeld v. Padilla, 542 U.S, 426, 447 (2004)). Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. Oden remains free to refile the action in the district of his confinement. An appropriate Order shall accompany this Memorandum Opinion

Isf lL Date: / 0 eee 2020 tinied States Dist t Judg Richmond, Virginia

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