3:25-cv-02335•PELLETIER v. STATE OF FLORIDA
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION ROLAND PELLETIER, Petitioner, v. Case No. 3:25cv2335-MCR/MAF STATE OF FLORIDA, Respondent. ______________________/ ORDER and REPORT AND RECOMMENDATION TO TRANSFER HABEAS CORPUS PETITION On or about November 13, 2025, Roland Pelletier filed an unsigned petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. ECF No. 1. He has not paid the filing fee or submitted a motion for leave to proceed in form pauperis. In the § 2241 petition, Mr. Pelletier, a state pretrial detainee in the Osceola County Corrections and Jail Facility, indicates he challenges his pretrial detention. ECF No. 1 at 1-3. Because Petitioner Pelletier seeks relief from pretrial detention, his request is properly asserted in a petition for habeas corpus pursuant to 28 U.S.C. § 2241. See Hughes v. Att’y Gen. of Fla., 377 F.3d 1258, 1261 (11th Cir. 2004); Medberry v. Crosby, 351 F.3d 1049, 1060 (11th Cir. 2003). Because he is detained at the Osceola County facility, however, the Middle Case 3:25-cv-02335-MCR-MAF Document 4 Filed 12/03/25 Page 1 of 3
Page 2 of 3 Case No. 3:25cv2335-MCR/MAF District of Florida, not this Court, has jurisdiction to consider any such petition. See 28 U.S.C. § 89(b); see, e.g., Fernandez v. United States, 941 F.2d 1488, 1495 (11th Cir. 1991) (“Section 2241 petitions may be brought only in the district court for the district in which the inmate is incarcerated.”). Therefore, this petition should be transferred to the United States District Court for the Middle District of Florida. See 28 U.S.C. § 1631. ORDER The Clerk of Court shall change the cause designation on the docket for this case to reflect it is a petition for writ of habeas corpus pursuant to § 2241, not § 2254. RECOMMENDATION It is respectfully RECOMMENDED that the case file, including any service copies and pending motions, be TRANSFERRED to the United States District Court for the Middle District of Florida, for all further proceedings. IN CHAMBERS at Tallahassee, Florida, on December 3, 2025. S/ Martin A. Fitzpatrick MARTIN A. FITZPATRICK UNITED STATES MAGISTRATE JUDGE Case 3:25-cv-02335-MCR-MAF Document 4 Filed 12/03/25 Page 2 of 3
Page 3 of 3 Case No. 3:25cv2335-MCR/MAF NOTICE TO THE PARTIES Within fourteen (14) days after being served with a copy of this Report and Recommendation, a party may serve and file specific written objections to these proposed findings and recommendations. Fed. R. Civ. P. 72(b)(2). A copy of the objections shall be served upon all other parties. A party may respond to another party’s objections within fourteen (14) days after being served with a copy thereof. Fed. R. Civ. P. 72(b)(2). Any different deadline that may appear on the electronic docket is for the Court’s internal use only and does not control. If a party fails to object to the magistrate judge’s findings or recommendations as to any particular claim or issue contained in a Report and Recommendation, that party waives the right to challenge on appeal the district court’s order based on the unobjected-to factual and legal conclusions. See 11th Cir. R. 3-1; 28 U.S.C. § 636. Case 3:25-cv-02335-MCR-MAF Document 4 Filed 12/03/25 Page 3 of 3
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