Saffore v. Federal Bureau Of Prisons

District Court, E.D. Virginia

Saffore v. Federal Bureau Of Prisons

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division BANITA BRANDISE SAFFORE, Petitioner, Vv. Civil Action No. 3:23cv558 (DIN) FEDERAL BUREAU OF PRISONS, e¢ ail., Respondents. MEMORANDUM OPINION Banita Brandise Saffore, a federal inmate proceeding pro se, submitted a petition for writ of habeas corpus pursuant to

28 U.S.C. § 2241

. (ECF No. 1.) Although Saffore was convicted in this Court, she is currently confined in the federal facility in Bruceton Mills, West Virginia. Saffore may not pursue a § 2241 petition in this Court. “Whenever a § 2241 habeas petitioner seeks to challenge [her] present physical custody within the United States, [s]he should name [her] warden as respondent and file the petition in the district of confinement.” Oden vy. Wilson,

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 for lack of jurisdiction. Saffore may file a § 2241 petition in the district of her confinement. An appropriate order will accompany this Memorandum Opinion. Let the Clerk file a copy of the Memorandum Opinion electronically and send a copy to Saffore. /s/ { David J. Novak United States District Judge Richmond, Virginia Dated: September 22, 2023

Reference

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