Oden v. Wilson

District Court, E.D. Virginia

Oden v. Wilson

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division CHRISTOPHER W. ODEN, Petitioner, v. Civil Action No. 3:19CV781 ERIC WILSON, Respondent. MEMORANDUM OPINION Christopher W. Oden, a federal inmate proceeding pro se, submitted this

28 U.S.C. § 2241

Petition. In his § 2241 Petition, Oden challenges an institutional disciplinary hearing. (ECF No. 1, at 2.) Oden is currently incarcerated in “U.S.P. Marion” in Marion, Illinois. (/d. at 1.) As this court previously informed Oden, “[w]henever a § 2241 habeas petitioner seeks to challenge his present physical custody within the United States, he should name his warden as respondent and file the petition in the district of confinement.” Oden v. Wilson, No. 3:17CV286,

2018 WL 359478

, at *4 n.5 (E.D. Va. Jan. 10, 2018) (emphasis added) (quoting Rumsfeld v. Padilla, 542 U.S, 426, 447 (2004)). Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. Oden remains free to refile the action in the district of his confinement. An appropriate Order shall accompany this Memorandum Opinion

Isf lL Date: / 0 eee 2020 tinied States Dist t Judg Richmond, Virginia

Reference

Status
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