Jeriton Lavar Curry v. Warden Goldey

Summary

The United States District Court for the Western District of Oklahoma reviews a magistrate judge’s recommendation concerning a federal prisoner’s 28 U.S.C. § 2241 claims. The court holds that transfer of the petitioner to Colorado deprived it of jurisdiction over his current custodian and, in the interest of justice, transfers the matter to the United States District Court for the District of Colorado rather than dismissing it for nonexhaustion.

Holdings

1. Although jurisdiction attached when Curry filed his habeas petition, his transfer to Colorado deprived the Western District of Oklahoma of the power to grant the requested habeas relief because the court no longer had jurisdiction over his custodian.
2. Transfer of the petition to the United States District Court for the District of Colorado, rather than dismissal, was in the interest of justice.

Questions Presented

1. Whether the petition should be dismissed or transferred after the petitioner was transferred to a facility in another federal judicial district and the court no longer had jurisdiction over his custodian.
2. Whether transfer rather than dismissal was in the interest of justice given the alleged interference with the petitioner's efforts to exhaust administrative remedies.

Disposition

transferred