000 NC NV v. REPUBLIC OF SUDAN FBI FNU LNU (2020)

Frederick Banks, a federal prisoner, appeals the district court's order denying his “Petition for a Writ of Habeas Corpus Under 28 U.S.C. §§ 2241, 2242, 18 U.S.C. § 3332, and 50 U.S.C. § 1806(f) to Disclose FISA Electronic Surveillance.” We first turn to the portion of Banks’ petition seeking relief under § 2241. The district court based its denial of § 2241 relief on the mistaken impression that Banks was a state pretrial detainee. In fact, at the time Banks filed his petition, he was a federal pretrial detainee confined and awaiting trial in the Western District of Pennsylvania.^* Jurisdiction over a § 2241 petition “lies only in one district: the district of confinement.” Rumsfeld v. Padilla, 542 U.S. 426, 443, 124 S.Ct. 2711, 159 L.Ed.2d 513 (2004). We therefore vacate the district court's order in part and remand to the district court with instructions to dismiss the § 2241 petition for lack of subject matter jurisdiction. As for the remainder of Banks’ claims, we affirm the district court's order in all other respects on the reasoning of the district court. Banks v. Republic of Sudan, No. 3:19-cv-00417-FDW (W.D.N.C. Apr. 14, 2020). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

VACATED AND REMANDED IN PART, AFFIRMED IN PART

FOOTNOTES

FOOTNOTE.   Banks was subsequently convicted of wire fraud and aggravated identity theft.

PER CURIAM:

Vacated and remanded in part, affirmed in part by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.