Smith v. County of Sherburne, The
- Katherine Menendez
- 0:24-cv-04488
- U.S. District Court · District of Minnesota
- 2
In Romelle Smith v. The County of Sherburne, Judge Foster denied Smith’s motion because the court could not order his prison transfer.
Romelle Smith’s request for a transfer was denied; the order did not require the Bureau of Prisons to move him.
What happened
Romelle Smith v. The County of Sherburne concerns Smith’s request to be moved from USP Coleman II in Florida to a facility in Minnesota.
Smith filed a motion calling itself a petition for a writ of habeas corpus under federal law. He said the transfer would make it easier for him to participate in this case.
Judge Dulce J. Foster denied the motion because the court said it lacked authority to order the Bureau of Prisons to transfer Smith. The order did not direct a transfer.
The detailed version
- Smith v. County of Sherburne, The · No. 0:24-cv-04488
- Katherine Menendez
- July 3, 2025
Background
Romelle Smith is incarcerated at USP Coleman II in Sumterville, Florida. He filed a self-described motion for a petition for a writ of habeas corpus under 28 U.S.C. § 2241. The motion asked the court to transfer him to a facility in Minnesota so he could more easily participate in prosecuting this case.
Ruling
The court denied Smith’s motion. It held that the court did not have authority to order the Bureau of Prisons to transfer him. The order cited decisions stating that the Bureau of Prisons has exclusive authority to determine prisoner placement.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.