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Dante Morris v. Federal Acquisition Policy Division

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


March 21, 2011

DANTE MORRIS, PETITIONER,
v.
FEDERAL ACQUISITION POLICY DIVISION, RESPONDENT.

The opinion of the court was delivered by: Ellen Segal Huvelle United States District Judge

MEMORANDUM

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.

20110321

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