Summary
The Eastern District of Louisiana considers a 28 U.S.C. § 2241 habeas petition challenging the petitioner’s detention at a facility in Basile, Louisiana. The court determines that jurisdiction lies in the Western District of Louisiana and transfers the matter there under 28 U.S.C. § 1406(a) in the interest of justice.
Holdings
- The Eastern District of Louisiana lacked authority to entertain the petition because the petitioner was confined in Basile, Louisiana, which is located in the Western District of Louisiana.
- The matter should be transferred to the Western District of Louisiana because transfer was in the interest of justice and that district was one in which the petition could have been properly brought.
Questions Presented
- Whether the Eastern District of Louisiana could entertain a § 2241 habeas petition challenging detention at a facility located in the Western District of Louisiana.
- Whether the petition should be transferred in the interest of justice to the district in which it could properly have been brought.
Disposition
transferred
Cases Cited (2)
- United States v. McPhearson, 451 F. Appx 384 (5th Cir. 2011)(followed)
- Rumsfeld v. Padilla, 542 U.S. 426, 442-43 (2004)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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