Michael Lee Gordon v. United States of America

Summary

The United States District Court for the Southern District of Ohio dismissed Michael Lee Gordon’s 28 U.S.C. § 2241 habeas petition without prejudice for lack of jurisdiction. The court held that a core habeas petition must be filed in the district of confinement, which was the Southern District of Iowa because Gordon was confined at the Iowa State Penitentiary. The court overruled Gordon’s objections, adopted the magistrate judge’s reports and recommendations, denied his requests for an evidentiary hearing and reconsideration, and directed the clerk to terminate the case.

Holdings

1. A core habeas petition under 28 U.S.C. § 2241 must be filed in the federal district where the petitioner is confined; because Gordon was confined in Iowa, the Southern District of Ohio lacked jurisdiction over the petition.
2. Adding the Ohio Department of Rehabilitation and Correction director or an unidentified United States Marshal would not cure the jurisdictional defect because those proposed respondents lacked authority to grant the requested relief concerning Gordon's confinement in Iowa.

Questions Presented

1. Whether the Southern District of Ohio had jurisdiction over Gordon's core § 2241 habeas petition when he was confined in Iowa.
2. Whether Gordon's proposed additional respondents could cure the jurisdictional defect.
3. Whether Gordon was entitled to an evidentiary hearing or reconsideration.

Disposition

dismissed