Hopper v. Trimble County Police

Filing 7

ORDER: Accordingly, the Clerk is directed to TRANSFER this action to the United States District Court for the Eastern District of Kentucky. It is so ORDERED. Signed by District Judge Todd J. Campbell on 10/10/13. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af) [Transferred from tnmd on 10/10/2013.]

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

TERRY W. HOPPER
Petitioner,
v.
TRIMBLE COUNTY POLICE
Respondent.

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No.
(No. 3:13-mc-0088)
Judge Campbell

O R D E R
Presently before the Court are petitioner’s pro se habeas
corpus petition (Docket Entry No.1) and an application to proceed
in forma pauperis (Docket Entry No.5).
The petitioner is an inmate at the Sumner County Jail in
Gallatin, Tennessee. It appears from his application that he lacks
sufficient financial resources from which to pay the fee needed to
file

the

habeas

corpus

petition.

Therefore,

petitioner’s

application to proceed in forma pauperis is GRANTED. 28 U.S.C. §
1915(a).
Although the petitioner is incarcerated in this judicial
district, his petition questions the legality of a detainer entered
against him by the Kentucky State Police quartered in Trimble
County, Kentucky.
A federal district court has the discretion to transfer a
habeas corpus petition to a more convenient forum. 28 U.S.C. §

1404(a). Because the petitioner is challenging an out of state
detainer rather than his present confinement, this Court is not the
most convenient forum for the adjudication of his claims.
Accordingly, the Clerk is directed to TRANSFER this action to
the United States District Court for the Eastern District of
Kentucky. 28 U.S.C. § 97(a); See Braden v. 30th Judicial Circuit
Court of Kentucky, 410 U.S. 484,493-94 (1973).
It is so ORDERED.

____________________________
Todd Campbell
United States District Judge