Jordan Anthony Tamay Torres v. Francis et al.

Summary

The United States District Court for the Southern District of New York grants Respondents’ motion to transfer a 28 U.S.C. § 2241 habeas petition to the District of New Jersey under 28 U.S.C. § 1406(a). The court concludes that it lacked jurisdiction because the petitioner was detained in New Jersey when the petition was filed and directs the Clerk to promptly transfer the case.

Holdings

1. A § 2241 petition challenging a petitioner's physical confinement generally must be brought in the federal district where the petitioner is confined, and the Southern District of New York lacked habeas jurisdiction because petitioner was detained in New Jersey when the petition was filed.
2. Because the petition should have been brought in the District of New Jersey, transfer to that district was in the interest of justice and was warranted under § 1406(a).

Questions Presented

1. Whether the Southern District of New York had jurisdiction to entertain a § 2241 habeas petition challenging petitioner's physical confinement when petitioner was confined in New Jersey at the time of filing.
2. Whether transfer to the District of New Jersey under 28 U.S.C. § 1406(a) was in the interest of justice.

Disposition

other