(HC) Morgan v. Warden, USP Atwater
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
JACK MORGAN, ) Case No.: 1:24-cv-0844 JLT SAB (HC) ) Petitioner, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS, DENYING v. ) RESPONDENT’S MOTION TO DISMISS, AND ) TRANSFERRING THE PETITION OF WRIT OF WARDEN, USP ATWATER, ) HABEAS CORPUS TO THE SOUTHERN ) DISTRICT OF INDIANA Respondent. ) ) (Docs. 9, 11) )
Jack Morgan is a federal prisoner proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, seeking to challenge a disciplinary proceeding at USP Atwater that resulted in the loss of good conduct credit, thirty days of segregation, and the loss of privileges for sixty days. (See Doc. 1.) Respondent moved to dismiss the petition, asserting the Court lacks jurisdiction because Petitioner was housed at the United States Penitentiary in Terre Haute, Indiana, when he filed the petition. (Doc. 9.) The magistrate judge observed that although the…