Rhea v. Warden FPC-Bryan <b><font color="red">Case Transferred to SD/TX Houston Division</b></font>

• Court: District Court, E.D. Texas
• Decided: July 25, 2024
• Docket: 1:24-cv-00292
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION ASHLEY RHEA §

VS. § CIVIL ACTION NO. 1:24-CV-292 WARDEN, FPC BRYAN § MEMORANDUM OPINION AND ORDER Petitioner Ashley Rhea, a prisoner confined at Federal Prison Camp in Bryan, Texas, proceeding pro se, filed this Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. Analysis To entertain a habeas petition brought under 28 U.S.C. § 2241, the district court must have

jurisdiction over the prisoner. United States v. Gabor, 905 F.2d 76, 77-78 (5th Cir. 1990). Accordingly, a prisoner must file a § 2241 petition in the district where she is incarcerated. Griffin v. Ebbert, 751 F.3d 288, 290 (5th Cir. 2014); Lee v. Wetzel, 244 F.3d 370, 375 n. 5 (5th Cir. 2001). If the petitioner files in another district, that court lacks jurisdiction over the petition. United States v. Brown, 753 F.2d 455 (5th Cir. 1985). However, the court does have the authority to transfer the action, in the interest of justice, to a court where the action could have been brought. 28 U.S.C. § 1631. After reviewing the pleadings, the court has concluded that jurisdiction is not proper in the

Eastern District of Texas because Petitioner is confined in Bryan, Texas. The court has considered the circumstances and has determined that the Petition for Writ of Habeas Corpus should be transferred to the United States District Court for the Southern District of Texas, where Petitioner is confined. It is accordingly ORDERED that this Petition for Writ of Habeas Corpus is TRANSFERRED to the Houston Division of the United States District Court for the Southern District of Texas.

SIGNED this 25th day of July, 2024.

Zack wthorm United States Magistrate Judge