United States Seventh Circuit

When there is only one custody and one physical custodian, that person is the proper respondent - and the district in which the prison is located the proper district - for habeas proceedings under 28 U.S.C. section 2241(a). Because this prisoner is being held in Charleston as an enemy combatant, the District of South Carolina is the only court in which he may contest his custody.

Appellate Information

• Argued 02/18/2004
• Decided 03/08/2004
• Published 03/08/2004

Judges

• EASTERBROOK, Circuit Judge., Before COFFEY, EASTERBROOK, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Mark A. Berman,Gibbons, Del Deo, Dolan, Griffinger & Vecchione, Newark, NJ, for Petitioner-Appellant.


• For Appellees:
  
• K. Tate Chambers, Office of the United States Attorney, Peoria, IL, Paul D. Clement, Washington, DC, for Respondents-Appellees.