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Miller v. Bureau of Prisons

United States District Court, D. Maryland

October 31, 2014

ULYSSES MILLER, Petitioner,
v.
BUREAU OF PRISONS, Respondent.

MEMORANDUM

JAMES K. BREDAR, District Judge.

Petitioner, Ulysses Miller, a prisoner in the custody of the Federal Bureau of Prisons, housed at the Federal Correctional Institution in Fort Dix, New Jersey (FCI Fort Dix), filed the above-captioned Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 seeking placement in a Residential Re-Entry Center for one year and thereafter to be placed on home confinement for six months. ECF No. 1. Respondents have responded to the petition. ECF No. 3. Petitioner has not replied despite being notified of his opportunity to do so. ECF No. 5. For the reasons that follow, the petition shall be dismissed without prejudice.

Subject matter jurisdiction of a § 2241 habeas corpus petition lies in the federal district court where petitioner is incarcerated or in the federal district court where petitioner's custodian is located. Braden v. 30th Judicial Circuit Court of Kentucky, 410 U.S. 484, 488-89 (1973). Petitioner is confined in Fort Dix, New Jersey, and his custodian, or the person who has the day-to-day responsibility for his custody, would be the warden at FCI-Fort Dix. Therefore, this court finds that jurisdiction of the instant action lies in the District of New Jersey, not in the District of Maryland. As such, the petition shall be dismissed without prejudice.[1]

A separate Order follows.


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