WAYS v. UNITED STATES OF AMERICA et al
| JOHN WAYS |
| UNITED STATES OF AMERICA, STEVIE M. KNIGHT and JOSE CUEVAS, II |
| 1:2022cv02843 |
| September 12, 2022 |
| US District Court for the District of Columbia |
| Beryl A Howell |
| Prisoner Petition: General (Habeas Corpus) |
| 28 U.S.C. ยง 1651 Petition for Writ of Habeas Corpus |
| None |
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MINUTE ORDER (paperless), as to JOHN WAYS, DENYING petitioner's #1 Petition for Writ of Habeas Corpus. Defendant states that he is a citizen of Nebraska "wrongfully detained and unlawfully Held captive in the State of New Jersey," specifically, FCI Fort Dix, Petition at paras. 6, 8, which is located in the District of New Jersey. District courts only may grant habeas relief "within their respective jurisdictions." 28 U.S.C. 2241(a); Rumsfeld v. Padilla, 542 U.S. 426, 442-43 (2004) (holding that the "plain language of the habeas statute" clearly indicates the "jurisdiction lies only in one district: the district of confinement"). A court lacking jurisdiction must dismiss the petition without prejudice for the opportunity for refiling the correct district court. See Williams v. Whitaker, 752 Fed. Appx. 7, 8 (D.C. Cir. Mar. 2019) (dismissing a petition without prejudice for future refiling in the correct district because the court lacked jurisdiction to address the claim). Signed by Chief Judge Beryl A. Howell on October 6, 2022. (lcbah4)
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| Filing 2 MOTION for Leave to File Supplement, MOTION to Amend Record by JOHN WAYS. "Leave to file GRANTED" Signed by Chief Judge Beryl A. Howell on 9/23/2022. (Attachment: #1 Exhibits)(zed) |
| Filing 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 203024.) filed by JOHN WAYS. (Attachments: #1 Affidavit, #2 Exhibits, #3 Civil Cover Sheet)(zed) |
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