Opinion
No. 2:20-cv-00573-WBS-CKD
04-03-2020
EMMITT W. TUCKER, Petitioner, v. PAUL THOMPSON, Respondent.
ORDER
Petitioner, a federal inmate proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. A review of the petition indicates that petitioner is seeking a reduction in his sentence pursuant to 18 U.S.C. § 3582(c)(1)(A)(i) based on his "vision loss following a stroke." ECF No. 1 at 1. On April 1, 2020, petitioner also filed a notice indicating that he was at a higher risk of contracting COVID-19 due to his health problems. ECF No. 6.
Petitioner is incarcerated at the Federal Correctional Institution in Herlong, California and was convicted in the Eastern District of Washington. See United States v. Tucker, Case No. 2:16-cr-00016-JLQ-1 (E.D. Wash.). Pursuant to 28 U.S.C § 2241(b), courts may transfer a habeas application "for hearing and determination to the district court having jurisdiction to entertain it." Because petitioner was not convicted in this district and has filed a post-conviction motion seeking a reduction in his sentence, this court does not have jurisdiction to entertain the application. See United States v. Giddings, 740 F.2d 770, 772 (9th Cir. 1984) (concluding that the federal prisoner challenged the execution of his sentence rather than the sentence itself and should have filed a 28 U.S.C. § 2241 petition in the district of his confinement rather than a Rule 35 motion in the sentencing court).
Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States District Court for the Eastern District of Washington to be filed in Criminal Case No. 2:16-cr-00016-JLQ-1. 28 U.S.C. § 2241(b); 28 U.S.C. § 1406(a). Dated: April 3, 2020
/s/_________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE 12/tuck0573.108b.docx