Nolasco-Martinez v. Puzio

Background

Juan Nolasco-Martinez, who was incarcerated at FCI Danbury in Connecticut, filed a self-represented petition under 28 U.S.C. § 2241. He challenged how the Bureau of Prisons calculated his sentence credits under the First Step Act. The opinion states that he had not paid the $5 filing fee or submitted an application to proceed without paying it.

Reason for Transfer

A court deciding a petition under § 2241 must have authority over the person or institution holding the petitioner. For challenges to physical confinement, that authority generally lies in the federal district where the petitioner is confined. Because FCI Danbury is in Connecticut, the Southern District of New York transferred the petition to the United States District Court for the District of Connecticut under 28 U.S.C. § 1406(a), which allows a case to be transferred when another federal district is the proper venue.

The court did not decide whether Nolasco-Martinez’s time credits were calculated correctly or whether he should receive any other relief.

Ruling and Disposition

Judge Laura Taylor Swain directed the Clerk of Court to transfer the action to the District of Connecticut and stated that the New York case was closed. The transferee court must decide whether Nolasco-Martinez may proceed without paying the filing fee. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without paying fees. The order does not state that the petition was dismissed.