Cyrus Vance v. USA, et al.

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 11-15312
Non-Argument Calendar
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D.C. Docket No. 0:11-cv-61745-KAM
CYRUS VANCE,
llllllllllllllllllllllllllllllllllllll l lPetitioner-Appellant,
versus
UNITED STATES OF AMERICA,
FCC COLEMAN - MEDIUM WARDEN,
lllllllllllllllllllllllllllllllllllllll l Respondents-Appellees.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(August 6, 2012)
Before PRYOR, FAY, and EDMONDSON, Circuit Judges.
PER CURIAM:
Cyrus Vance, a federal prisoner, appeals pro se the denial of his petition for
Case: 11-15312 Date Filed: 08/06/2012 Page: 1 of 2

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a writ of habeas corpus. 28 U.S.C. § 2241. The government argues, and Vance
concedes, that the district court lacked subject-matter jurisdiction to entertain the
petition because “[s]ection 2241 petitions may be brought only in the district court
for the district in which the inmate is incarcerated.” Fernandez v. United States,
941 F.2d 1488, 1495 (11th Cir. 1991). The district court lacked jurisdiction over
Vance’s petition because Vance is not incarcerated in that district. We vacate the
order that denied Vance’s petition and remand with instructions to dismiss
Vance’s petition for lack of jurisdiction.
VACATED AND REMANDED WITH INSTRUCTIONS.
2
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