Dillon v. United States

United States District Court for the District of Idaho

Dillon v. United States

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

CHERIE R. DILLON, Case No. 1:20-cv-00513-BLW

Petitioner, MEMORANDUM DECISION AND ORDER v.

UNITED STATES OF AMERICA,

Defendant.

INTRODUCTION Before the Court is Cherie R. Dillon’s “Petition for Writ of Habeas Corpus” (Dkt. 1). Dillon challenges the Bureau of Prisons’ failure to calculate her good- time credit under the First Step Act. For the reasons explained below, the Court will dismiss this petition for lack of jurisdiction. ANALYSIS In challenging the Bureau of Prisons’ execution of her sentence, Ms. Dillon’s relies on

28 U.S.C. § 2241

. A petition under this section must be filed in the judicial district with jurisdiction over the inmate’s current custodian. See Rumsfeld v. Padilla,

542 U.S. 426, 434-35

(2004); see also

28 U.S.C. §§ 2242

, 2243. Because Ms. Dillon is incarcerated at FCI Aliceville, in Alabama, this Court lacks jurisdiction over her § 2241 petition and therefore must dismiss it. Ms. Dillon

may refile her petition in the appropriate district court. ORDER IT IS ORDERED that Plaintiff's Petition for Writ of Habeas Corpus is DISMISSED.

<A DATED: December 31, 2020 yes Osy~ Waren: 4 all oy — o/_—~«#B.. Lynn Winmill RICT OY U.S. District Court Judge

MEMORANDUM DECISION AND ORDER - 2

Reference

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