the custodian is the person having day-to-day control over the prisoner.
In this case, Ledher has not brought suit against his custodian, the warden of the United States penitentiary in Marion, Illinois. Rather, he brought this action against the Attorney General for the United States. This Circuit has specifically rejected the argument that the Attorney General of the United States is the custodian of federal prisoners. See Guerra v. Meese, 786 F.2d at 416; Sanders v. Bennett, 80 U.S. App. D.C. 32, 148 F.2d 19, 20 (D.C.Cir. 1945). Thus, the appropriate respondent in this case is not the United States Attorney General. The appropriate respondent, the warden of Ledher's facility, is located in Marion, Illinois rather than the District of Columbia. Consequently, this action must be dismissed for lack of jurisdiction.
An appropriate Order accompanies this Memorandum.
This case is before the Court on the Petition for a Writ of Habeas Corpus filed by Carlos E. Ledher. After careful consideration of the petition and for the reasons stated in the accompanying Memorandum, the Court concludes that the petition must be dismissed.
In view of the above, it is hereby
ORDERED that this action is dismissed for lack of jurisdiction.
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