IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division ALLAN CHARLES CLACK, ) Petitioner, v. Civil Action No. 3:24-cv-747—HEH RACHEL THOMPSON, Respondent. MEMORANDUM OPINION (Dismissing Action Without Prejudice) Petitioner Allan Charles Clack (“Petitioner”), a federal inmate proceeding pro se, submitted this

Petition. Petitioner is currently incarcerated in Fort Dix, New Jersey. In his § 2241 Petition, Petitioner challenges how his sentence is being carried out. (ECF No. 1, at 1 (as paginated by CM/ECF).) “Whenever a § 2241 habeas petitioner seeks to challenge his present physical custody within the United States, he should name his warden as respondent and /ile the petition in the district of confinement.” Oden v. Wilson, No. 3:17-cv-286,

, at *4 n.5 (E.D. Va. Jan. 10, 2018) (emphasis added) (quoting Rumsfeld v. Padilla,

(2004)). Accordingly, the action will be DISMISSED without prejudice. Petitioner remains free to refile the action in the district of his confinement. An appropriate Final Order will accompany this Memorandum Opinion.

\\s AS Henry E. Hudson Date: Noy,22, 2024 Senior United States District Judge Richmond, Virginia