490 F. App'x 505
3rd Cir.2012Background
- McGee, a federal prisoner proceeding pro se, challenged a habeas petition under 28 U.S.C. §2241 and the district court partly granted/partly denied.
- This case was before the Third Circuit in 2010, which remanded for merits consideration of the petition.
- BOP transferred McGee from Allenwood to FDC-Miami after remand, raising jurisdictional questions.
- The district court rejected McGee’s argument that the transfer divested jurisdiction; he appeals.
- The court addresses whether declaratory relief related to access to courts is warranted and whether remand is necessary.
- McGee’s request to transfer to a minimum-security facility was denied and may be moot due to home confinement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did transfer to FDC-Miami divest district court of jurisdiction? | McGee contends transfer divested jurisdiction. | We held transfer did not divest jurisdiction. | No divestiture of jurisdiction. |
| May declaratory relief on access-to-courts claim be affirmed? | Claim cognizable; copy restrictions hindered pleading. | District court properly declined relief; claim lacks merit. | No remand; declaratory relief denied. |
Key Cases Cited
- Rumsfeld v. Padilla, 542 U.S. 426 (U.S. 2004) (jurisdiction not divested by transfer or confinement in another facility)
- Ex parte Endo, 323 U.S. 283 (U.S. 1944) (jurisdictional questions in habeas corpus proceedings)
- Barden v. Keohane, 921 F.2d 476 (3d Cir. 1990) (narrow limits on transfer effects in §2241 proceedings)