ROMERO v. United States

District Court, D. New Jersey

ROMERO v. United States

Trial Court Opinion

NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

NICOLAS ROMERO,

Petitioner,

v. Civil Action No. 25-12544 (GC)

UNITED STATES OF AMERICA, MEMORANDUM & ORDER

Respondent.

THIS MATTER comes before the Court on the pro se Petitioner’s “Motion for Compassionate Release” pursuant to

18 U.S.C. § 3582

(§ 3582) which was docketed as a petition for writ of habeas corpus under

28 U.S.C. § 2241

. (ECF No. 1 (“Motion for Compassionate Release”).) Petitioner is a federal prisoner currently incarcerated at FCI Fort Dix, Fort Dix MDL, New Jersey. This Court lacks jurisdiction to address Petitioner’s Motion for Compassionate Release. A motion seeking a reduction of sentence pursuant to § 3582 may only be filed in the Petitioner’s underlying criminal matter in the court which sentenced him. See, e.g., United States v. Raia,

954 F.3d 594

, 595-96 (3d Cir. 2020); Gregory v. Grondolsky,

365 F. App’x 326

, 327 (3d Cir. 2010) (per curiam). Petitioner was sentenced in the Southern District of Florida, see No. 0:22-cr-60133- RAR (S.D. Fla.). As this Court did not sentence Petitioner, his compassionate release claim is not properly before this Court. See Raia, 954 F.3d at 595-96. Whenever a civil action is filed in a court that lacks jurisdiction over that action, “the court shall, if it is in the interest of justice, transfer such action . . . to any other such court . . . in which the action . . . could have been brought at the time it was filed.”

28 U.S.C. § 1631

. The Court finds that it is in the interest of justice to transfer the Motion for Compassionate Release to the Southern District of Florida. IT IS, therefore, on this 11th day of July, 2025, ORDERED as follows: 1. The Court lacks jurisdiction over the instant Motion for Compassionate Release (ECF No. 1) brought pursuant to

18 U.S.C. § 3582

, which must be brought in the district where Petitioner was sentenced. 2. Pursuant to its authority under

28 U.S.C. § 1631

, the Court directs the Clerk of the Court to TRANSFER this Motion for Compassionate Release to the Southern District of Florida. 3. The Clerk of the Court shall mark this matter as CLOSED. 4. The Clerk of the Court shall serve a copy of this Memorandum and Order upon Petitioner by regular U.S. mail. Goagtts Clan GEORGETTE CASTNER United States District Judge

Reference

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