William D. Dunne v. Gary L. Henman

William D. Dunne (Dunne) appeals from the judgment of the district court entered after dismissal of his habeas corpus petition without prejudice. We affirm because we conclude that the district court lacked personal jurisdiction over the Warden of the United States Penitentiary in Marion, Illinois.

This appeal presents a narrow question. Does the district court that imposed sentence have jurisdiction under 28 U.S.C. § 2241 to enforce its order where the petitioner is incarcerated in a federal prison outside the forum state, the petition for a writ of habeas corpus names the warden of that institution as respondent, and the only relief sought is a determination that a federal detainer has been issued by the Attorney General of the United States, acting through the Bureau of Prisons, in violation of petitioner’s right to be freed upon completion of his state sentence because his federal sentences have been interrupted in violation of due process and the doctrine of separation of powers? Dunne does not attack the validity of the sentences imposed by the District Court for the Western District of Washington and the District Court for the Middle District of Pennsylvania. In his…