Graham v. United States

Background

William Charles Graham filed a petition under 28 U.S.C. § 2241. The opinion states that Graham was detained in Kentucky. Magistrate Judge Elizabeth Cowan Wright recommended dismissal under Federal Rule of Civil Procedure 41(b) for failure to prosecute because Graham had not paid the filing fee or applied for in forma pauperis status, which is permission to proceed without paying the fee.

The magistrate judge also concluded that dismissal was warranted because venue was improper in the District of Minnesota while Graham was detained in Kentucky. Graham objected, attached a request to the Bureau of Prisons to withdraw the $5 filing fee from his account, and asked the court to transfer his application to the correct venue under 28 U.S.C. § 2241(b). The Clerk’s Office had not received the filing fee, and the United States did not respond to the objections.

Court’s Analysis

Because Graham objected, the court reviewed the Report and Recommendation de novo, meaning it independently reviewed the challenged issues. The court concluded that Magistrate Judge Wright’s analysis and conclusions were correct. In particular, the court held that even if Graham paid the filing fee or properly applied for in forma pauperis status, the District of Minnesota was not the proper venue for his § 2241 petition while he was detained in Kentucky.

The court did not reach the underlying issue raised by Graham’s detention petition.

Disposition

The court overruled Graham’s objections, accepted the Report and Recommendation in full, and dismissed the action without prejudice. The court directed that judgment be entered accordingly.