Raymond Thomas v. Complex Warden of USP Lompoc

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

RAYMOND THOMAS, Case No. 2:20-cv-6585-AB (SK)

Petitioner,

ORDER DISMISSING PETITION

v.

FOR LACK OF JURISDICTION

COMPLEX WARDEN OF USP

LOMPOC,

Respondent.

Petitioner Raymond Thomas is a convicted inmate in the custody of the federal Bureau of Prisons at its Lompoc, California penitentiary. He has 22 months left in his federal sentence imposed by the District Court for the District of New Jersey after Petitioner pled guilty to armed bank robbery. In his petition under 28 U.S.C. § 2241, Petitioner seeks “compassionate release” in accordance with 18 U.S.C. § 3582(c)(1) so that he can serve the rest of his sentence at home given the COVID-19 pandemic. But compassionate release requests must be filed in the original sentencing court, and Petitioner cannot circumvent that requirement by filing a § 2241 petition in the custodial district. Thus, the Court must dismiss the petition for lack of jurisdiction. Under the First Step Act of 2018, 132 Stat. 5194, Congress allowed federal inmates to seek compassionate release directly from the district court if the BOP denies, or fails to timely act on, an…