Smith v. County of Sherburne, The
Smith v. County of Sherburne, The
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Romelle Smith, Case No. 24-cv-04488 (KMM/DJF) Plaintiff, v. The County of Sherburne; Joel Brott, Sherburne County Sheriff, in his individual and official capacities; Patt Carr, previous Sherburne County Jail Commander, in his individual and official capacities; Brian Frank, current Sherburne County Jail Commander and previous Sherburne ORDER County Jail Administrator, in his individual and official capacities; Dave Isias, Assistant Sherburne County Jail Administrator, in his individual and official capacities; and Mark Fritel, Sherburne County Jail Programs Coordinator, in his individual and official capacities, Defendants.
This matter is before the Court on Plaintiff Romelle Smith’s self-styled Motion for Petition for Writ of Habeas Corpus under 28 U.S.C. 2241(“Motion”) (ECF No. 36). Mr. Smith is currently incarcerated at USP Coleman II, in Sumterville, Florida. (See ECF No. 36-2.) His Motion asks the Court to transfer him to a facility in Minnesota so that he may “more easily participate in [his] prosecution of this case.” (ECF No. 36 at 1.) The Court DENIES Mr. Smith’s Motion (ECF No. 36) because it does not have the authority to order the Bureau of Prisons to transfer him. See, e.g., Garcia v. Eischen, No. 22-cv-444 (SRN/BRT), 2022 WL 4084185, at *2 (D. Minn. Aug. 16, 2022) (collecting cases) (the Bureau of Prisons has the exclusive authority to determine the placement of prisoners).
IT IS SO ORDERED.
Dated: July 3, 2025 s/ Dulce J. Foster DULCE J. FOSTER United States Magistrate Judge
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Romelle Smith, Case No. 24-cv-04488 (KMM/DJF) Plaintiff, v. The County of Sherburne; Joel Brott, Sherburne County Sheriff, in his individual and official capacities; Patt Carr, previous Sherburne County Jail Commander, in his individual and official capacities; Brian Frank, current Sherburne County Jail Commander and previous Sherburne ORDER County Jail Administrator, in his individual and official capacities; Dave Isias, Assistant Sherburne County Jail Administrator, in his individual and official capacities; and Mark Fritel, Sherburne County Jail Programs Coordinator, in his individual and official capacities, Defendants.
This matter is before the Court on Plaintiff Romelle Smith’s self-styled Motion for Petition for Writ of Habeas Corpus under 28 U.S.C. 2241(“Motion”) (ECF No. 36). Mr. Smith is currently incarcerated at USP Coleman II, in Sumterville, Florida. (See ECF No. 36-2.) His Motion asks the Court to transfer him to a facility in Minnesota so that he may “more easily participate in [his] prosecution of this case.” (ECF No. 36 at 1.) The Court DENIES Mr. Smith’s Motion (ECF No. 36) because it does not have the authority to order the Bureau of Prisons to transfer him. See, e.g., Garcia v. Eischen, No. 22-cv-444 (SRN/BRT), 2022 WL 4084185, at *2 (D. Minn. Aug. 16, 2022) (collecting cases) (the Bureau of Prisons has the exclusive authority to determine the placement of prisoners).
IT IS SO ORDERED.
Dated: July 3, 2025 s/ Dulce J. Foster DULCE J. FOSTER United States Magistrate Judge
Case-law data current through December 31, 2025. Source: CourtListener bulk data.