Rondal R. Francis v. R.H. Rison, Warden
Opinion
Opinion
Skopil, J.
Rondal Ray Francis, a federal prisoner, appeals the denial of his pro se petition for writ of habeas corpus. The district court dismissed Francis’ petition because it determined that Francis failed to exhaust available administrative remedies. The court did so without a hearing and without considering Francis’ excuses for failing to exhaust. We vacate and remand for further proceedings.
I.
Francis filed this petition challenging the lawfulness of the conditions of imprisonment rather than the lawfulness of the original conviction. See 28 U.S.C. § 2241 (1982); accord, Hajduk v. United States, 764 F.2d 795, 796 (11th Cir.1985) (per curiam). At the time the petition was filed, Francis was incarcerated at Lompoc, California. Before the district court rendered its judgment, Francis was transferred to Leavenworth, Kansas. We maintain our jurisdiction, however, because “jurisdiction attaches on the initial filing for ha-beas corpus relief, and it is not destroyed by a transfer of the petitioner and the accompanying custodial change.” Santillanes v. United States Parole Comm’n, 754 F.2d 887, 888 (10th Cir.1985); accord Smith v. Campbell, 450 F.2d 829, 834 (9th Cir.1971).