UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
March 21, 2011
DANTE MORRIS, PETITIONER,
FEDERAL ACQUISITION POLICY DIVISION, RESPONDENT.
The opinion of the court was delivered by: Ellen Segal Huvelle United States District Judge
Petitioner, a prisoner at the Federal Correctional Institution in Fort Dix, New Jersey, seeks a writ of habeas corpus, but he has named the wrong respondent and has filed in the wrong court. "The writ or order to show cause [why the writ should not be granted] shall be directed to the person having custody of the person detained." 28 U.S.C. § 2243. Furthermore, "a district court may not entertain a habeas petition involving present physical custody unless the respondent custodian is within its territorial jurisdiction." Stokes v. U.S. Parole Comm'n, 374 F.3d 1235, 1239 (D.C. Cir. 2004); see Rooney v. Sec'y of Army, 405 F.3d 1029, 1032 (D.C. Cir. 2005) (habeas "jurisdiction is proper only in the district in which the immediate . . . custodian is located") (internal citations and quotation marks omitted).
The Federal Acquisition Policy Division is not a proper habeas respondent, and petitioner's recourse lies, if at all, in the United States District Court for the District of New Jersey. Accordingly, this action will be dismissed. A separate order accompanies this Memorandum.
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