Raghubir v. United States of America

Background

Vinodh Raghubir filed a petition without a lawyer under 28 U.S.C. § 2241, a law allowing a person to challenge certain forms of federal custody. The Southern District of New York received the petition on February 20, 2020. Raghubir was incarcerated at Taylor Correctional Institution, a state prison in Perry, Florida. The opinion also states that he had not paid the $5 filing fee or submitted an application to proceed without paying the fee.

Reason for transfer

The court explained that a court hearing a petition under § 2241 must have jurisdiction over the petitioner’s custodian—the person or authority responsible for the petitioner’s confinement. A challenge to physical confinement generally belongs in the federal district where the petitioner is confined. Taylor Correctional Institution is in Taylor County, within the Northern District of Florida. The court therefore concluded that the Northern District of Florida was the proper court and transferred the petition under 28 U.S.C. § 1406(a), which permits transfer when a case is filed in the wrong federal district if transfer serves the interest of justice.

Ruling and other orders

The court ordered the Clerk to transfer the action to the United States District Court for the Northern District of Florida and closed the case in the Southern District of New York. It stated that the receiving court would decide whether Raghubir could proceed without paying fees. The court also ruled that no certificate of appealability would issue because the petition made no substantial showing that a constitutional right had been denied. In addition, it certified that an appeal would not be taken in good faith and denied permission to appeal without paying fees. Judge Colleen McMahon signed the order as Chief United States District Judge.

Disposition

The petition was transferred to the United States District Court for the Northern District of Florida. The opinion does not decide the underlying custody challenge.