UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

EMANUCEL BELTON, No. 77288-112

Petitioner,

v. Case No. 23-cv-2196-JPG

UNITED STATES OF AMERICA,

Respondent.

MEMORANDUM AND ORDER This matter comes before the Court on petitioner Emanucel Belton’s petition for a writ of habeas corpus pursuant to

challenging his sentence in United States v. Belton, 18-cr-30063 NJR-5 (Doc. 1). Belton is incarcerated at the Federal Correctional Institute in Pekin, Illinois (“FIC-Pekin”), within the Central District of Illinois. The proper venue for filing a § 2241 petition that challenges a federal conviction is the district where the prisoner is confined. Wyatt v. United States,

(7th Cir. 2009); see also Morales v. Bezy,

(7th Cir. 2007) (citing Rumsfeld v. Padilla,

(2004)). Because Belton is incarcerated within the Central District of Illinois, and has been since he filed his § 2241 petition, his case belongs there. A Central District court would have jurisdiction over Belton’s custodian, the Warden of FCI-Pekin, the proper respondent in this case, Rumsfeld,

, and this Court would not. Accordingly, pursuant to

, this Court DIRECTS the Clerk of Court to TRANSFER this habeas action to the United States District Court for the Central District of Illinois, the proper venue for this habeas matter.

IT IS SO ORDERED. DATED: September 27, 2023

s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE