Johnson v. United States

United States District Court for the Southern District of Georgia

Johnson v. United States

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION

BRANDON TARELL ) JOHNSON, ) ) Petitioner, ) ) v. ) CV422-161 ) UNITED STATES OF ) AMERICA, ) ) Respondent. )

ORDER Pro se petitioner Brandon Tarell Johnson has filed the instant petition, pursuant to

28 U.S.C. § 2241

, challenging the calculation of his sentence. See, e.g., doc. 1 at 7 (requesting that the Court grant his “full jail credit from the very first day [he] got incarcerated . . . .”). The Court must, therefore, proceed to screen the petition. See Rule 4, Rules Governing Section 2254 Cases (“If it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court, the judge must dismiss the petition . . . .”).1

1 The Rules Governing Section 2254 Cases also govern petitions pursuant to § 2241. See Rule 1(b), Rules Governing Section 2254 Cases.

1 “Writs of habeas corpus may be granted by the . . . district courts . . . within their respective jurisdictions.”

28 U.S.C. § 2241

(a); see also

Rumsfeld v. Padilla,

542 U.S. 426, 447

(2004)(“Whenever a § 2241 habeas petitioner seeks to challenge his present physical custody within the United States, he should name his warden as respondent and file the

petition in the district of confinement.”); Fernandez v. United States,

941 F.2d 1488, 1495

(11th Cir. 1991)(“Section 2241 petitions may be brought only in the district court for the district in which the inmate is

incarcerated.”). Since he is challenging the calculation of his sentence, his request is properly brought pursuant to § 2241. See, e.g., United States v. Mervin,

2022 WL 2079317

, at *2 (S.D. Ga. June 9, 2022) (citing,

inter alia., United States v. Lassiter,

812 F. App’x 896

, 900 (11th Cir. 2020)) (explaining the proper procedure for challenging a determination of sentence-credit). Johnson’s petition indicates that he is incarcerated

at the United States Penitentiary in Pollock, Louisiana. See doc. 1 at 4. Pollock, Louisiana is located in Grant Parish, which is in the Western District of Louisiana. See

28 U.S.C. § 98

(c). This Court, therefore,

2 lacks jurisdiction over Johnson’s petition.2 See Fernandez,

941 F.2d 1495

; see also, e.g., United States v. Michel,

817 F. App’x 876

, 879 (11th Cir. 2020) (concluding “[t]he district court... declined correctly to review [prisoner’s] request for relief under

28 U.S.C. § 2241

],]” because the

request was not filed in the district of confinement). The proper venue for this action is in the United States District Court for the Western District of Louisiana. See

28 U.S.C. § 13891

(b) (venue);

28 U.S.C. § 1406

(district courts may dismiss or transfer cases suffering venue defects);

28 U.S.C. § 98

(c). Accordingly, the Court DIRECTS the Clerk of Court to TRANSFER this action to the Western District of Louisiana for all further proceedings. SO ORDERED, this 1st day of July, 2022.

CHRISTOPHER L. RAY UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA

2 Although the Clerk has notified Johnson of his failure to either pay the Court’s filing fee or move to proceed in forma pauperis, see doc. 2, payment of the filing fee is not jurisdictional. See, e.g., White v. Lemma,

947 F.3d 1373, 1878-79

(1th Cir. 2020). Since, as discussed below, it is clear that this Court is not the proper venue for Johnson’s claims, the transferee court is the proper place to resolve any issue with his filing fee.

Reference

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