Brooks v. Horton

Filing 3

OPINION AND ORDER TRANSFERRING petition for writ of habeas corpus to the Western District of Michigan. Signed by District Judge Linda V. Parker. (DPer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TERRY DARCEL BROOKS,
Petitioner,

Case No. 2:20-CV-11532
Hon. Linda V. Parker

v.
HEIDI L. WASHINGTON,
Respondent.
___________________________/
OPINION AND ORDER TRANSFERRING THE PETITION FOR WRIT
OF HABEAS CORPUS TO THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
Terry Brooks, presently confined at the Chippewa Correctional Facility in
Kincheloe, Michigan, and proceeding pro se, filed this action seeking release on
bond due to the COVID-19 pandemic. (ECF No. 1.) Petitioner claims Fifth and
Fourteenth Amendment protections in support of his petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2241 and notes that he “is not attacking the
conviction, only the current imminent danger of the coronavirus.” (Id. at Pg. ID 1.)
Petitioner seeks early release from his prison term based on the Michigan
Department of Correction’s inability to house inmates appropriately to prevent
contagion. (Id. at Pg. ID 2-3.) He argues that his age—60 as of July 2020—
increases his risk of severe illness and death. (Id. at Pg. ID 3.) In the interests of

justice, the Court concludes that the proper venue for this action is in the Western
District of Michigan and orders that the petition be immediately transferred to that
district.
I. DISCUSSION
“Writs of habeas corpus may be granted by . . . the district courts and any
circuit judge within their respective jurisdictions.” 28 U.S.C. § 2241(a). “The
federal habeas statute straightforwardly provides that the proper respondent to a
habeas petition is ‘the person who has custody over [the petitioner].’” Rumsfeld v.
Padilla, 542 U.S. 426, 434–35 (2004) (quoting 28 U.S.C. § 2242); see also 28 U.S.C.
§ 2243 (“The writ, or order to show cause shall be directed to the person having
custody of the person detained.”). When a habeas petitioner challenges his or her
present physical confinement, the only proper respondent is the warden of the
facility where the petitioner is being held. See Gilmore v. Ebbert, 895 F.3d 834, 837
(6th Cir. 2018) (citing to Rumsfeld, 542 U.S. at 435).
Petitioner is currently incarcerated at the Chippewa Correctional Facility in
Kincheloe, Michigan, which is located in the Western District of Michigan. Venue
is in the judicial district where either all defendants reside or where the claim arose.
Al-Muhaymin v. Jones, 895 F. 2d 1147, 1148 (6th Cir. 1990); 28 U.S.C. § 1391(b).
For the convenience of parties and witnesses and in the interests of justice, a district
court may transfer any civil action to any other district or division where it might
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have been brought. See United States v. P.J. Dick, Inc., 79 F. Supp. 2d 803, 805-06
(E.D. Mich. 2000) (Gadola, J.); 28 U.S.C. § 1404(a).

And when venue is

inappropriate, a court may transfer a habeas petition to the appropriate federal
district court sua sponte. See Verissimo v. I.N.S., 204 F. Supp. 2d 818, 820 (D.N.J.
2002); Schultz v. Ary, 175 F. Supp. 2d 959, 964 (W.D. Mich. 2001).
Accordingly, the Court orders that the case be transferred to the Western
District of Michigan. “Given the significant liberty interests at stake, the timesensitivity of [Petitioner’s] claims, and the risks to [Petitioner’s] health posed by the
rapid spread of COVID-19,” the Court “directs the Clerk to effectuate the transfer
as soon as possible.” Barrera v. Decker, 2020 WL 1686641, at * 1 (S.D.N.Y. Apr.
7, 2020).
II. ORDER
For the reasons stated above, the Court ORDERS the Clerk of the Court to
transfer this case to the United States District Court for the Western District of
Michigan pursuant to 28 U.S.C. § 1404(a).
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: June 25, 2020
I hereby certify that a copy of the foregoing document was mailed to counsel of
record and/or pro se parties on this date, June 25, 2020, by electronic and/or U.S.

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First Class mail.
s/ R. Loury
Case Manager

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