Johnson v. United States Parole Commission
Johnson v. United States Parole Commission
Opinion
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
) MORRIS LYNN JOHNSON, ) ) Petitioner, ) ) v. ) Civil Action No. 12-0542 (RJL) ) U.S. PAROLE COMMISSION, ) ) Respondent. ) _________________________ ) MEMORAN~INION August __, 2012
Petitioner "moves this Honorable court for issuance of a writ of Habeas Corpus, ordering
the reinstatement, or [termination of] his Parole pursuant to
28 U.S.C. § 2241." Pet. at 1 [Dkt.
#1]. A habeas action is subject to jurisdictional and statutory limitations. See Braden v. 30th
Judicial Cir. Ct. of Ky.,
410 U.S. 484(1973). The proper respondent in a habeas corpus action is
the petitioner's warden, Rumsfeld v. Padilla,
542 U.S. 426, 434-35(2004); Blair-Bey v. Quick,
151 F.3d 1036, 1039(D.C. Cir. 1998) (citing Chatman-Bey v. Thornburgh,
864 F.2d 804, 810(D.C. Cir. 1988)), and "a district court may not entertain a habeas petition involving present
physical custody unless the respondent custodian is within its territorial jurisdiction," Stokes v.
US. Parole Comm 'n,
374 F.3d 1235, 1239(D.C. Cir. 2004). Therefore, the Court will grant
respondent's motion to transfer this matter to the district in which petitioner currently is
incarcerated, the Southern District of Indiana. An Order is issued separately.
United States District Judge
Reference
- Status
- Published