UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK VINCENT ELLIOT WILSON, Petitioner, 23-CV-7500 (LTS) -against- TRANSFER ORDER SHERIFF JOSE QUIROZ, Respondent. LAURA TAYLOR SWAIN, Chief United States District Judge: Petitioner, who is currently detained in the Arlington County Detention Facility in Arlington, Virginia, brings this pro se petition for a writ of habeas corpus, pursuant to

, seeking to challenge his detention. For the following reasons, this petition is transferred to the United States District Court for the Eastern District of Virginia. In order to entertain a habeas corpus petition under

, a court must have jurisdiction over the custodian. See Braden v. 30th Judicial Circuit Court of Kentucky,

(1973) (writ of habeas corpus does not act upon the prisoner who seek relief, but upon his or her custodian). Thus, the jurisdiction of a habeas petition challenging a petitioner’s physical confinement generally lies in the district of his confinement. Rumsfeld v. Padilla,

(2004). Petitioner is currently detained in the Arlington County Detention Facility in Arlington, Virginia, which is located in the judicial district of the United States District Court for Eastern District of Virginia. Therefore, in the interest of justice, this Court transfers this petition to the Eastern District of Virginia. See

(a). CONCLUSION The Clerk of Court is directed to transfer this action to the United States District Court for the Eastern District of Virginia. Whether Petitioner should be permitted to proceed further without payment of fees is a determination to be made by the transferee court. This order closes this case. The Court certifies, pursuant to

(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose

of an appeal. See Coppedge v. United States,

(1962). SO ORDERED. Dated: August 30, 2023 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge