Stephen v. Smith

Filing 3

ORDER - The court transfers the application forthwith to the USDC for the Southern District of Iowa, the district where the conviction occurred. The clerk's office is directed to send the entire file to the Southern District of Des Moines, Iowa and retain a copy of the file. See text of Order for details. Signed by Judge Mark W Bennett on 10/20/16. (copy w/nef mailed to pro se filer; file electronically transferred to USDC Southern District of Iowa) (djs)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
CENTRAL DIVISION

JOSEPH MICHAEL STEPHEN,
Petitioner,

No. C16-3100-MWB

vs.
ORDER

CORNELL SMITH,
Respondent.
____________________________

This matter is before the court on the petitioner’s application for a writ of habeas
corpus (civil docket no. 1-1). The petitioner submitted such application on September 9,
2016.

Along with his application for a writ of habeas corpus, the petitioner filed

supporting state court documentation (docket no. 1-2), an application to proceed in forma
pauperis (docket no. 1) and a motion to appoint counsel (docket no. 2).
Currently confined at the North Central Correctional Facility in Rockwell City,
Iowa, the petitioner brings this action under 28 U.S.C. § 2254 to challenge the legality of
his conviction and resulting sentence. An application for a writ of habeas corpus made by
a person in custody under the judgment and sentence of a state court of a state which
contains two or more federal judicial districts may be filed in either the district court where
the petitioner is confined or the district court where the conviction occurred. 28 U.S.C.
§ 2241(d). In furtherance of justice, the district court in which the application is filed may
transfer the application to the other district court. Id. Federal courts in Iowa have chosen
to hear applications attacking a state conviction or sentence in the district in which the
conviction occurred.
The court transfers the application forthwith to the United States District Court for
the Southern District of Iowa, the district where the conviction occurred. The clerk’s

office is directed to send the entire file to the Southern District at Des Moines, Iowa, and
retain a copy of the file.
By this order, the court expresses no opinion as to whether the petitioner’s
application for a writ of habeas corpus meets the requirements of 28 U.S.C. § 2254.
Likewise, the court declines to address whether the petitioner is entitled to in forma
pauperis status or whether the petitioner is entitled to appointment of counsel.
IT IS SO ORDERED.
DATED this 20th day of October, 2016.

__________________________________

MARK W. BENNETT
U. S. DISTRICT COURT JUDGE
NORTHERN DISTRICT OF IOWA

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