Fox Joseph Salerno v. United States District Court for the District of Colorado
HabeasCorpus
Should a 28 USC 2241 HC be filed in State of incarceration or State of conviction for a State prisoner serving sentence in another State under Inter-state compact Act?
QUESTION(S) PRESENTED I. Should a 28 USC 2241 HC (not a 28 USC 2254 HC) be filed in State in which incarcerated or State in which conviction occurred, for a State prisoner serving his sentence in another State under Inter-state compact Act? Consequently, who is ‘custodian’ over a State Inter-State compact prisoner, sending or receiving State, or both? Il. Does a Federal DC have Subject Matter Jurisdiction (SMJ) to hear a HC case when the person directly holding the prisoner is not required to abide by any of the court’s orders? ; HU. Can a Federal Court in a Circuit that recognizes a Habeas Corpus (HC) filed under 28 USC 2241 and the right for a State Defendant to file an action under this Statute, transfer case to a different Federal court in a Circuit that does not recognize or allow State prisoners to file HC under this statute, in so doing knowing the case will not be heard and will be summarily dismissed? In other words, the Tenth Circuit allows State prisoners to file HC ; under 28 USC 2241 while the Ninth Circuit does not as they only recognize State prisoner HC's filed under 28 USC 2254; so can Tenth Circuit transfer 2241 cases fo the Ninth Circuit?. IV. Can a State prisoner challenge validity of conviction and execution of sentence issues under 28 USC 2241?