USA v. Alford et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
)
v. 	) 	No. 4:18 CR 831 CDP-1
)
CURTIS ALFORD, 	)
)
Defendant. 	)
MEMORANDUM AND ORDER
On May 9, 2025, defendant Curtis Alford filed a document captioned
“Motion for Nunc-Pro-Tunc Designation” (ECF 147) requesting that he serve his
concurrent state and federal sentences in the Federal Bureau of Prisons instead of
in the Missouri Department of Corrections where he is presently incarcerated.
Based on the nature of Alford’s claim, I construe his motion as a petition for writ
of habeas corpus under 28 U.S.C. § 2241. 	See Barkfelt v. Villmer, No. 4:16CV62
JMB, 2016 WL 3141379 (E.D. Mo. June 6, 2016) (challenge to execution of
sentence, including to the designation of the place of confinement under the
primary jurisdiction doctrine, is properly brought under 28 U.S.C. § 2241). 	I will
therefore direct the Clerk of Court to terminate the motion in this criminal case and
cause it to be filed as a new civil action under § 2241. 	I will also direct the Clerk
to terminate Alford’s related motion to proceed in forma pauperis and inmate
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account statement in the criminal case (ECF 149, 150) and refile them in the new
civil action.
Pursuant to Local Rule 2.06(A), I will direct the Clerk to provide Alford
with a standard Court form for § 2241 petitions. 	Alford will have thirty (30) days
from the date of this Order to file an amended petition under § 2241 on the Court-
provided form, with the amended petition to be filed in the new civil case. 	As
more than six months have passed since Alford filed his motion to proceed in
forma pauperis and inmate account statement, I will also direct the Clerk to
provide Alford with a standard Court form for a motion to proceed in forma
pauperis in habeas cases for Alford to complete and file with his amended petition.
Accordingly,
IT IS HEREBY ORDERED that the Clerk of Court shall terminate the
“Motion for Nunc-Pro-Tunc Designation” docketed at ECF 147 in this criminal
case, as well as the motion to proceed in forma pauperis docketed at ECF 149, and
cause both motions and the related inmate account statement (ECF 150) to be filed
forthwith in a new civil action under 28 U.S.C. § 2241.
IT IS FURTHER ORDERED that upon opening the new civil action, the
Clerk of Court shall mail to Curtis Alford a copy of the Court’s forms “Petition for
a Writ of Habeas Corpus Under 28 U.S.C. § 2241” and “Motion to Proceed In
Forma Pauperis and Affidavit in Support – Habeas Cases.”
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IT IS FURTHER ORDERED that Curtis Alford shall file an amended
petition under § 2241 and amended motion to proceed in forma pauperis on the
Court-provided forms within thirty (30) days of the date of this Order. 	Failure to
timely comply with this Order may result in the dismissal of the civil action
without prejudice.
IT IS FURTHER ORDERED that the Clerk of Court shall docket this
Order in this criminal case and in the new civil action to be opened as directed by
this Order.
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 9th day of February, 2026.
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