Alford v. Kallis
| Brandon W Alford |
| Steve Kallis |
| 1:2022cv01259 |
| August 1, 2022 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
| None |
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| Document Text |
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TEXT ORDER Entered by Judge Colin Stirling Bruce on 8/4/22. Petitioner Brandon Alford has filed a motion to request counsel with regards to the BOPs calculation of his sentence ( #2 ), he also filed copies of his administrative remedies requests ( #1 ). While Petitioner appears to have been seeking relief within his criminal case, for purposes of opening the case, the Clerks office has interpreted his filings as a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Such a characterization makes sense, as Petitioners claims that the BOP has miscalculated his sentence can only be pursued in a 2241 Petition. See Preiser v. Rodriguez, 411 U.S. 475, 490, 93 S. Ct. 1827 (1973) (challenges to the fact or duration of confinement must be brought in a writ of habeas corpus);Waletzki v. Keohane, 13 F.3d 1079, 1080 (7th Cir. 1994); Romandine v. United States, 206 F.3d 731, 736 (7th Cir. 2000) (noting that issues related to BOPs sentencing calculations are properly brought in a Section 2241 petition). However, district courts may only grant writs of habeas corpus within their respective jurisdictions, 28 U.S.C. Section 2241(a), and such writs shall be directed to the person having custody of the person detained. 28 U.S.C. Section 2243. Generally, petitions for writ of habeas corpus under 28 U.S.C. Section 2241 may only be filed within the judicial district that contains the place of the prisoners detention and normally the proper respondent is the warden of the facility where the prisoner is being held. See Rumsfeld v. Padilla, 542 U.S. 426, 435, 442 (2004); Wyatt v. United States, 574 F.3d 455, 45960 (7th Cir. 2009). Here, Petitioner is incarcerated at FMC Rochester in Rochester, Minnesota, which is in the territorial jurisdiction of the District of Minnesota. In summary, the relief Petitioner seeks must be addressed in a 2241 Petition, and a 2241 Petition must be filed in Petitioners district of confinement. If venue does not properly lie in the Central District of Illinois, then the Court either must dismiss the action, or if it is in the interests of justice, must transfer the action to the proper district. 28 U.S.C. Section 1406(a). While the Court usually opts to transfer cases of pro se prisoners to the appropriate district, here Petitioner has not actually filed a true 2241 Petitiononly a motion to request counselso the Court does not find a transfer is in the interest of justice. Instead, as a courtesy, the Court DIRECTS the Clerks office to send Petitioner a blank form 2241 Petition. Petitioner is advised that any 2241 Petition he files should be filed in his district of confinement, which is currently the District Court for the District of Minnesota. Because this Court has no jurisdiction to consider his claims, this case is CLOSED. The Clerk is DIRECTED to terminate all pending motions. (SKR)
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| Filing 3 Additional MOTION to Request Counsel by Petitioner Brandon W Alford. Responses due by 8/16/2022.(BMG) Modified on 8/4/2022 to terminate motion pursuant to text order entered 8/4/22 (SKR). |
| Filing 2 MOTION to Request Counsel by Petitioner Brandon Alford. Responses due by 8/15/2022. (BMG) Modified on 8/3/2022 to correct filing party (BMG). Modified on 8/4/2022 to terminate motion pursuant to text order entered 8/4/22 (SKR). |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Brandon W Alford. (Attachments: #1 Envelope)(BMG) Modified on 8/4/2022; terminated pursuant to text order entered 8/4/22 (SKR). |
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TEXT ORDER entered by Judge Colin S. Bruce directing the Petitioner to pay the filingfee of $5.00 within 30 days of this Order. If Petitioner is unable to pay the required filing fee, he may file a Motion for Leave to Proceed in Forma Pauperis. If Petitioner fails to pay the required filing fee or file a Motion for Leave to Proceed in Forma Pauperis within 30 days, his Petitio nunder 28 U.S.C. 2241 for Writ of Habeas #1 will be dismissed without prejudice by this court. (BMG)
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| Petitioner: Brandon W Alford | |
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| Respondent: Steve Kallis | |
| Represented By: | W. Scott Simpson |
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