Gurjinder Singh v. Kevin Raycraft et al.

Summary

The United States District Court for the Eastern District of Michigan ordered the transfer of Gurjinder Singh’s 28 U.S.C. § 2241 habeas petition to the Western District of Michigan. The court held that venue lies in the district of confinement and that transfer under 28 U.S.C. § 1406(a), rather than dismissal, was in the interest of justice because Singh was confined in Lake County, Michigan.

Holdings

1. For a habeas action seeking, at least in part, immediate release from physical confinement, jurisdiction and venue lie only in the federal district of confinement.
2. When venue is improper, 28 U.S.C. § 1406(a) permits transfer to the proper district when transfer is in the interest of justice, and transfer was appropriate here.

Questions Presented

1. Whether a § 2241 habeas petition seeking immediate release from physical confinement must be brought in the federal district where the petitioner is confined.
2. Whether the court should transfer the petition under 28 U.S.C. § 1406(a) rather than dismiss it when venue is improper and the proper district is identifiable.

Disposition

other