In re: Hall

Federal 7th Circuit Court
Criminal Court
Venue
Citation
Case Number: 
No. 20-3245
Decision Date: 
February 12, 2021
Federal District: 
S.D. Ind.
Holding: 
Petition for writ of mandamus granted

Dist. Ct. erred in transferring defendant's section 2241 habeas petition to Dist. Ct. in Florida, where plaintiff is currently housed in prison. Prisoner's transfer from one facility to another during pendency of habeas corpus proceeding does not affect Dist. Ct.'s original jurisdiction to resolve case. Moreover, defendant named in his lawsuit his immediate custodian in Southern District of Indiana, and thus there was individual with authority within jurisdiction of Southern District of Indiana to comply with any order that may issue from District Court of Southern Indiana.  As such, Ct. of Appeals issued writ of mandamus directing District Court of Southern Indiana to rescind its transfer order.