Marchan v. The Republic of Trinidad and Tobago

District Court, E.D. Missouri

Marchan v. The Republic of Trinidad and Tobago

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION EPHRAIN JR. MARK MARCHAN, ) Petitioner, Vv. ) No. 4:24-cv-00544-SEP UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, ) Respondent. MEMORANDUM AND ORDER Before the Court is self-represented Petitioner’s Amended Petition for a Writ of Habeas Corpus Under

28 U.S.C. § 2241

, Doc. [6]. “District courts are limited to granting habeas relief “within their respective jurisdictions.” Rumsfeld v. Padilla,

542 U.S. 426, 442

(2004) (quoting 28 ULS.C. § 2241(a)). “The plain language of the habeas statute thus confirms the general rule that for core habeas petitions challenging present physical confinement, jurisdiction lies in only one district: the district of confinement.” /d. at 443. According to the Amended Petition, Petitioner is currently confined in The Republic of Trinidad and Tobago. Petitioner’s custodian, therefore, is located in a foreign nation. The United States District Court for the Eastern District of Missouri therefore lacks jurisdiction to grant the writ. Accordingly, IT IS HEREBY ORDERED that Petitioner’s Amended Petition for a Writ of Habeas Corpus Under

28 U.S.C. § 2241

, Doc. [6], is DISMISSED for lack of jurisdiction. An Order of Dismissal will accompany this Memorandum and Order. Dated this 13th day of June, 2024. ches LY Hil SARAH E. PITLYK UNITED STATES DISTRICT JUDGE

Reference

Status
Unknown