(HC) Tucker v. Thompson ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EMMITT W. TUCKER, No. 2:20-cv-00573-WBS-CKD 12 Petitioner, 13 v. ORDER 14 PAUL THOMPSON, 15 Respondent. 16 17 Petitioner, a federal inmate proceeding pro se, has filed a petition for writ of habeas 18 corpus pursuant to 28 U.S.C. § 2241. A review of the petition indicates that petitioner is seeking 19 a reduction in his sentence pursuant to 18 U.S.C. § 3582(c)(1)(A)(i) based on his “vision loss 20 following a stroke.” ECF No. 1 at 1. On April 1, 2020, petitioner also filed a notice indicating 21 that he was at a higher risk of contracting COVID-19 due to his health problems. ECF No. 6. 22 Petitioner is incarcerated at the Federal Correctional Institution in Herlong, California and 23 was convicted in the Eastern District of Washington. See United States v. Tucker, Case No. 2:16- 24 cr-00016-JLQ-1 (E.D. Wash.). Pursuant to 28 U.S.C § 2241(b), courts may transfer a habeas 25 application “for hearing and determination to the district court having jurisdiction to entertain it.” 26 Because petitioner was not convicted in this district and has filed a post-conviction motion 27 seeking a reduction in his sentence, this court does not have jurisdiction to entertain the 28 application. See United States v. Giddings, 740 F.2d 770, 772 (9th Cir. 1984) (concluding that 1 | the federal prisoner challenged the execution of his sentence rather than the sentence itself and 2 | should have filed a 28 U.S.C. § 2241 petition in the district of his confinement rather than a Rule 3 | 35 motion in the sentencing court). 4 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 5 | States District Court for the Eastern District of Washington to be filed in Criminal Case No. 2:16- 6 | cr-00016-JLQ-1. 28 U.S.C. § 2241(b); 28 U.S.C. § 1406(a). 7 | Dated: April 3, 2020 i; dp. | bie 8 CAROLYN K. DELANEY : 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 12/tuck0573.108b.docx 16 17 18 19 20 21 22 23 24 25 26 27 28