Barber v. Craig et al

Filing 3

ORDER TRANSFERRING CASE to the Eastern District of Michigan; signed by Magistrate Judge Ray Kent (Magistrate Judge Ray Kent, fhw) [Transferred from miwd on 5/23/2016.]

UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

DEXTER DEAN BARBER,
Petitioner,

Case No. 1:16-cv-409

v.

Honorable Gordon J. Quist

JAMES E. CRAIG et al.,
Respondents.
____________________________________/
ORDER OF TRANSFER
This is a habeas corpus proceeding brought by an individual who is, according to the
petition, confined at the Forensic Psychiatry Center in Saline, Michigan, because of some action by the
Detroit Recorders, Circuit, or District Court in Detroit, Michigan. The petition is, for the most part,
unintelligible. Nonetheless, the petition does reveal where Petitioner is confined, Saline, Michigan, and
the location of the court that ordered his confinement, Detroit, Michigan. There is nothing in the petition
to link Petitioner’s confinement to the Western District of Michigan.
Venue in habeas corpus actions is governed by 28 U.S.C. § 2241. That statute allows a
petition to be filed either in the district where the petitioner is in custody or in the district in which the
petitioner was convicted. 28 U.S.C. § 2241(d). Petitioner presently is confined at the Forensic
Psychiatric Center, located in Washtenaw County. As set forth above, Petitioner is confined there
because of the action of a court in Wayne County. Both Washtenaw and Wayne counties are located in
the Eastern District of Michigan. 28 U.S.C. § 102(a). Venue, therefore, lies in that district, not in the
Western District of Michigan. Accordingly,

IT IS ORDERED that this case is hereby transferred to the United States District Court
for the Eastern District of Michigan pursuant to 28 U.S.C. § 1406(a).

Dated: May 20, 2016

/s/ Ray Kent
RAY KENT
United States Magistrate Judge

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