Caruso v. US Penitentiary Canaan, et al

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Jordan Caruso
v. Civil No. 17-cv-099-JL
U.S. Penitentiary Canaan and
Federal Bureau of Prisons
Designations and Sentence
Computation Center
REPORT AND RECOMMENDATION
Petitioner, Jordan Caruso, an inmate at the U.S.
Penitentiary in Canaan Township, Pennsylvania (“USP Canaan”),
has filed this action challenging his placement at USP Canaan
and the classification level assigned to him by staff at USP
Canaan and by the Bureau of Prisons (“BOP”) Designations and
Sentence Computation Center in Grand Prairie, Texas. Caruso
asserts in his initial filing (Doc. No. 1) and in an addendum to
that filing (Doc. No. 4), that BOP has misclassified him and
assigned him to USP Canaan based on an error in his records,
specifically, a reference to an outstanding detainer, and to
charges in Arizona which Caruso maintains have been dismissed.
Caruso further asserts that USP Canaan Case Manager Fisher said
he would make sure that Caruso stayed in that penitentiary. See
Doc. No. 4, at 1. Caruso seeks monetary, declaratory and
injunctive relief.
Caruso’s claims are not properly filed in the District of
New Hampshire. The only connection to New Hampshire asserted in
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this case is that Caruso was convicted and sentenced here, see
United States v. Caruso, 1:15-cv-225-SM-1 (D.N.H.). Although
Caruso has cited 28 U.S.C. § 2255 and specifically asks the
sentencing court to set aside his conviction, see Doc. No. 1, at
4, Caruso’s claims challenge the execution of his sentence and
the actions of BOP staff members relating to his confinement at
USP Canaan. Therefore, Caruso’s petition, to the extent it
challenges his current incarceration, is properly construed as a
petition brought under 28 U.S.C. § 2241, and is not equivalent
to a motion seeking relief under 28 U.S.C. § 2255.
This court may transfer a case to cure a want of
jurisdiction when the transfer is in the interest of justice.
See 28 U.S.C. § 1631. This court lacks territorial jurisdiction
over Caruso’s current custodian. Moreover, this court does not
appear to have personal jurisdiction over any defendant who may
be liable for damages. It is in the interest of justice to
transfer this action to the Middle District of Pennsylvania,
where USP Canaan, its staff, and Caruso are all located.
Accordingly, fourteen days after the district judge
approves this Report and Recommendation, or at such time and
upon such conditions as the court may otherwise direct, the
clerk’s office must transfer this case to the Middle District of
Pennsylvania. Any objections to this Report and Recommendation
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must be filed within fourteen days of receipt of this notice.
See Fed. R. Civ. P. 72(b)(2). The fourteen day period may be
extended upon motion. Failure to file objections within the
specified time waives the right to appeal the district court’s
order. See Santos-Santos v. Torres-Centeno, 842 F.3d 163, 168
(1st Cir. 2016).
__________________________
Andrea K. Johnstone
United States Magistrate Judge
March 30, 2017
cc: Jordan Caruso, pro se
Seth R. Aframe, Esq.
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