Saario #412849 v. Morrison
ORDER TRANSFERRING the petition for writ of habeas corpus to the United States District Court for the Western District of Michigan. Signed by District Judge Linda V. Parker. (TTho) [Transferred from Michigan Eastern on 9/9/2021.]
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
ALFRED M. SAARIO,
Case No. 2:21-CV-12043
Honorable Linda V. Parker
OPINION AND ORDER TRANSFERRING THE PETITION FOR WRIT OF
HABEAS CORPUS TO THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MICHIGAN
Alfred M. Saario (“Petitioner”), presently confined at the Lakeland Correctional
Facility in Coldwater, Michigan, filed a petition for writ of habeas corpus in this District
pursuant to 28 U.S.C. § 2254. In his application, Petitioner challenges his convictions for
second-degree murder and intentionally discharging a firearm in a dwelling out of the
Circuit Court for Iron County, Michigan. In the interests of justice, the Court concludes
that the proper venue for this petition is in the Western District of Michigan and orders
that the petition be transferred there.
The applicable venue statute provides:
Where an application for a writ of habeas corpus is 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, the
application may be filed in the district court for the district wherein
such person is in custody or in the district court for the district within
which the State court was held which convicted and sentenced him
and each of such district courts shall have concurrent jurisdiction to
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entertain the application. The district court for the district wherein
such an application is filed in the exercise of its discretion and in
furtherance of justice may transfer the application to the other
district court for hearing and determination.
28 U.S.C. § 2241(d). A federal district court lacks jurisdiction to hear a state prisoner’s
habeas petition where the petitioner was not convicted, sentenced, or incarcerated within
that district. See Wadsworth v. Johnson, 235 F.3d 959, 962-63 (5th Cir. 2000).
Iron County, where Petitioner was convicted, is located in the Western District of
Michigan. 28 U.S.C. § 102(b)(1). The Lakeland Correctional Facility, where Petitioner
currently is incarcerated, is located in Branch County, which also is in the Western
District of Michigan. Id. Thus, Petitioner’s habeas corpus petition should have been
filed in that District and this Court lacks jurisdiction to adjudicate it.
While this Court lacks jurisdiction to adjudicate the petition, it may transfer it to
another district “in furtherance of justice.” 28 U.S.C. § 2241(d).
IT IS ORDERED that the Clerk of the Court shall transfer the Petition for Writ of
Habeas Corpus to the United States District Court for the Western District of Michigan.
IT IS SO ORDERED.
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: September 9, 2021
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I hereby certify that a copy of the foregoing document was mailed to counsel of
record and/or pro se parties on this date, September 9, 2021, by electronic and/or
U.S. First Class mail.
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