Opinion
Civil Action 3:23cv558 (DJN)
09-22-2023
BANITA BRANDISE SAFFORE, Petitioner, v. FEDERAL BUREAU OF PRISONS, et al., Respondents.
MEMORANDUM OPINION
David J. Novak, United States District Judge.
Banita Brandise Saffore, a federal inmate proceeding pro se, submitted a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1.) Although Saffore was convicted in this Court, she is currently confined in the federal facility in Bruceton Mills, West Virginia. (Id.) Saffore may not pursue a § 2241 petition in this Court. “Whenever a § 2241 habeas petitioner seeks to challenge [her] present physical custody within the United States, [s]he should name [her] warden as respondent and file the petition in the district of confinement.'''' Oden v. Wilson, 2018 WL 359478, at *4 n.5 (E.D. Va. Jan. 10, 2018) (emphasis added) (quoting Rumsfeld v. Padilla, 542 U.S. 426, 447 (2004)). Accordingly, the action will be DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. Saffore may file a § 2241 petition in the district of her confinement.
An appropriate order will accompany this Memorandum Opinion.
Let the Clerk file a copy of the Memorandum Opinion electronically and send a copy to Saffore.