Cruzado v. Florida Department of Corrections

Background

Anthony Nelson Cruzado, who is incarcerated at Suwannee Correctional Institution in Live Oak, Florida, filed a petition without a lawyer seeking a writ of habeas corpus under 28 U.S.C. § 2241. A habeas petition is a court action challenging a person’s custody or confinement. Cruzado also submitted a motion stating that he did not know why the petition had been filed in the Southern District of New York and asking for a transfer to Florida if that court lacked jurisdiction.

Reason for Transfer

The court explained that a court hearing a petition under § 2241 must have authority over the person’s custodian. For a petition challenging physical confinement, that authority generally exists in the federal district where the petitioner is confined. Cruzado was confined in Suwannee County, which the opinion states is within the Middle District of Florida. The court therefore transferred the petition there in the interest of justice under 28 U.S.C. § 1406(a).

Rulings

The court directed the Clerk of Court to transfer the action to the United States District Court for the Middle District of Florida. It closed the case in the Southern District of New York and stated that the transferee court would decide whether Cruzado could proceed without paying filing fees. The court also certified that an appeal would not be taken in good faith and denied fee-free status for an appeal. Finally, it directed the Clerk to terminate the motion at ECF No. 3, mail Cruzado a copy of the order, and record service on the docket.