IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 21, 2009
UNITED STATES OF AMERICA, PLAINTIFF/RESPONDENT,
RENARD MCCAIN KING, DEFENDANT/PETITIONER.
The opinion of the court was delivered by: Oliver W. Wanger United States District Judge
ORDER GRANTING RESPONDENT'S MOTION TO DISMISS AND DISMISSING PETITIONER'S MOTION FOR REDUCTION OF SENTENCE FOR LACK OF JURISDICTION
Renard McCain King, a federal prisoner proceeding in pro per, has filed a motion for reduction of sentence pursuant to 18 U.S.C. 3621(e)(2)(B) and Arrington v. Daniels, 516 F.3d 1106 (9th Cir.2008).*fn1
The United States moves to dismiss Petitioner's motion for lack of jurisdiction.
The United States' motion to dismiss is GRANTED and
Petitioner's motion is DISMISSED FOR LACK OF JURISDICTION. Petitioner contends that he has completed the forty hour drug treatment program provided by the BOP but has been denied the right to participate in the Residential Drug Abuse Program. Petitioner contends that he has exhausted all available remedies within the BOP and requests that the Court "grant any relief as it may appear the petitioner is entitled." Although captioned a motion for reduction of sentence, Petitioner's motion actually challenges the execution of his federal sentence. Review of the execution of a sentence may be had through a petition for writ of habeas corpus under 28 U.S.C. § 2241. A petition for review of the execution of a sentence under Section 2241 must be filed in the District Court for the District in which the petitioner is incarcerated. Petitioner is incarcerated at USP Coleman in Coleman, Florida. Petitioner must file a petition for writ of habeas corpus with the United States District Court for the Middle District of Florida.
Petitioner's motion for reduction of sentence is DISMISSED FOR LACK OF JURISDICTION.
IT IS SO ORDERED.