United States v. Fischer

Opinion Per Curiam: Roger Dean Fischer, a federal prisoner incarcerated in Maryland, filed this action in the Northern District of West Virginia, alleging that he was not given proper credit for time served. Issues regarding sentencing credit for time served are within the jurisdiction of the Bureau of Prisons, and review of such decisions should be filed pursuant to 28 U.S.C. § 2241 (1994) in the district court having jurisdiction over the place where the prisoner is incarcerated. See United States v. Wilson, 503 U.S. 329, 117 L. Ed. 2d 593, 112 S. Ct. 1351 (1992). In the interest of Justice, we vacate the order of the district court, United States v. Fischer, No. CR-92-68 (N.D.W. Va. July 2, 1996), and remand with instructions to transfer the case to the appropriate district court. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.