Opinion

Brown v. Quintana

Court
District Court, E.D. Virginia
Filed
May 1, 2020
Cited by
0 cases
Authority
More cited than 32.1%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division

JAMAR BROWN,

Petitioner,

v. Civil Action No. 3:20CV246

UNITED STATES OF AMERICA, WARDEN

QUINTANA,

Respondent.

MEMORANDUM OPINION

Jamar Brown, a federal inmate proceeding pro se, submitted this 28 U.S.C. § 2241

Petition. In his § 2241 Petition, Brown seeks release to a halfway house under the Second

Chance Act of 2007, which amended 28 U.S.C. § 3624. (ECF No. 1, at 1.) Brown is currently

incarcerated in Lexington FMC, in Lexington, Kentucky. (/d. at 1.) “Whenever a § 2241 habeas

petitioner seeks to challenge his present physical custody within the United States, he should

name his warden as respondent and file the petition in the district of confinement.” Rumsfeld v.

Padilla, 542 U.S. 426, 447 (2004) (emphasis added); see United States v. Broadway, No. 3:08-

cr-00010-MR-2, 2018 WL 5817939, at *1 (W.D.N.C. Nov. 6, 2018) (“[A] defendant may

challenge the BOP’s actions under the Second Chance Act only by filing the appropriate

pleading in the district court located in the district of confinement, not the sentencing court.”

(citations omitted)). Brown is also warned that prior to seeking relief under the Second Chance

Act, he must exhaust all administrative remedies through the Bureau of Prisons.

Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. Brown remains

free to refile the action in the district of his confinement.

An appropriate Order shall accompany this Memorandum Opinion.

M. Hannah MK L

United States District Judge

Date: Man \, 2020

Richmond, Virginia

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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