Morris v. Federal Acquisition Policy Division
Morris v. Federal Acquisition Policy Division
Opinion
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) DANTE MORRIS, ) ) Petitioner, ) ) v. ) Civ. Action No. 11-0549 (ESH) ) FEDERAL ACQUISITION ) POLICY DIVISION, ) ) Respondent. ) ____________________________________)
MEMORANDUM
Petitioner, a prisoner at the Federal Correctional Institution in Fort Dix, New Jersey,
seeks a writ of habeas corpus, but he has named the wrong respondent and has filed in the wrong
court. “The writ[] or order to show cause [why the writ should not be granted] shall be directed
to the person having custody of the person detained.”
28 U.S.C. § 2243. Furthermore, "a district
court may not entertain a habeas petition involving present physical custody unless the
respondent custodian is within its territorial jurisdiction.” Stokes v. U.S. Parole Comm’n,
374 F.3d 1235, 1239(D.C. Cir. 2004); see Rooney v. Sec’y of Army,
405 F.3d 1029, 1032(D.C. Cir.
2005) (habeas “jurisdiction is proper only in the district in which the immediate . . . custodian is
located") (internal citations and quotation marks omitted).
The Federal Acquisition Policy Division is not a proper habeas respondent, and
petitioner’s recourse lies, if at all, in the United States District Court for the District of New
Jersey. Accordingly, this action will be dismissed. A separate order accompanies this
Memorandum.
/s/ ELLEN SEGAL HUVELLE DATE: March 21, 2011 United States District Judge
Reference
- Status
- Published