(HC) James v. Sacramento County Sheriff

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF KANSAS

RONALD EUGENE JAMES,

Petitioner,

v. CASE NO. 23-3214-JWL

STATE OF KANSAS,

Respondent.

MEMORANDUM AND ORDER

This matter is a petition for habeas corpus filed under 28 U.S.C. § 2241. Petitioner challenges his detention under a Kansas warrant on the grounds that his right to a speedy trial was violated. Plaintiff is currently confined at the Sacramento County Jail in Sacramento, California. Because the Court has no jurisdiction over Petitioner’s warden, the Court directs the Clerk of the Court to transfer this case to the Eastern District of California. A preliminary issue on review of a habeas petition is whether the Court has jurisdiction over the respondent. “[T]he proper respondent to a habeas petition is ‘the person who has custody over [the petitioner],’” that is, “the warden of the facility where the prisoner is being held, not the Attorney General or some other remote supervisory official.” Rumsfeld v. Padilla, 542 U.S. 426, 434-35 (2004) (citations omitted); see also 28 U.S.C. § 2243 (“The writ, or order to show cause shall be directed to the person having custody of the person…