PELLETIER v. STATE OF FLORIDA

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
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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
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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.
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