Unreported / Non-Citable
Background
Martin Dejesus Luevano, proceeding pro se, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 in the Eastern District of Texas.
At the time of filing, Luevano was confined at the Federal Detention Center in Houston, Texas, which is located in the Southern District of Texas.
The Court’s Holding
The court held that it lacked jurisdiction over the § 2241 petition because such a petition must be filed in the federal district where the prisoner is confined when the petition is filed. Luevano was confined in Houston rather than within the Eastern District of Texas.
Invoking its authority under 28 U.S.C. § 1631, the court determined that transfer served the interest of justice. It ordered the petition transferred to the Houston Division of the U.S. District Court for the Southern District of Texas.
Key Takeaways
- A federal prisoner generally must file a § 2241 petition in the district of confinement.
- The Eastern District of Texas lacked jurisdiction because Luevano was confined in Houston when he filed.
- Rather than dismissing the petition, the court transferred it to the Southern District of Texas under 28 U.S.C. § 1631.
Why It Matters
The order underscores that the district-of-confinement rule is jurisdictional for § 2241 petitions. Filing in the wrong district need not end the case, however, because a court may transfer the petition to a court with jurisdiction when the interest of justice supports doing so.