U.S. Court of Appeals for the Eleventh Circuit, 2012

Cyrus Vance v. USA

Cyrus Vance v. USA
U.S. Court of Appeals for the Eleventh Circuit · Decided August 6, 2012 · Pryor, Fay, Edmondson
476 F. App'x 234

Cyrus Vance v. USA

Opinion

PER CURIAM:

Cyrus Vance, a federal prisoner, appeals pro se the denial of his petition for a writ of habeas corpus. 28 U.S.C. § 2241. The government argues, and Vance concedes, that the district court lacked subject-matter jurisdiction to entertain the petition because “[sjection 2241 petitions may be brought only in the district court for the district in which the inmate is incarcerated.” Fernandez v. United States, 941 F.2d 1488, 1495 (11th Cir. 1991). The district court lacked jurisdiction over Vance’s petition because Vance is not incarcerated in that district. We vacate the order that denied Vance’s petition and remand with instructions to dismiss Vance’s petition for lack of jurisdiction.

VACATED AND REMANDED WITH INSTRUCTIONS.

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