Bussie v. Yellen

Background

Anthony Bussie, identified as a civil detainee housed at the Federal Medical Center in Butner, North Carolina, filed a petition under 28 U.S.C. § 2241. The opinion says the petition is difficult to understand, but appears to seek release from custody and to challenge rulings in the prisoner class action Scholl v. Mnuchin, Case Number C 20-5309 (PJH) (N.D. Cal.). The opinion also states that Bussie was convicted and sentenced in the Eastern District of North Carolina, where the medical center is located.

Jurisdiction and Transfer

The court explained that § 2241 authorizes federal courts to issue release orders within their respective jurisdictions. Citing Supreme Court precedent, the court stated that for petitions challenging physical confinement, jurisdiction lies only in the district of confinement. Because Bussie was challenging his physical confinement and was housed in the Eastern District of North Carolina, the court concluded that the case had to be transferred there.

Disposition

The court ordered transfer of the case to the Eastern District of North Carolina. It also directed the clerk to terminate any pending motions. The opinion separately states that, to the extent Bussie was challenging rulings in the Scholl litigation, he could file a letter, but the provided text ends before explaining where or how that letter should be filed. Judge Kandis Westmore signed the order on May 5, 2021.