Nash #236431 v. Woods
Filing
3
OPINION AND ORDER TRANSFERRING CASE to the Western District of Michigan. Signed by District Judge George Caram Steeh. (DPer) [Transferred from Michigan Eastern on 10/25/2011.]
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
FREDDIE TRAIL NASH,
Case No. 2:11-cv-14483
Petitioner,
HONORABLE GEORGE CARAM STEEH
v.
JEFFREY WOODS,
Respondent.
/
OPINION AND ORDER TRANSFERRING THE PETITION FOR
WRIT OF HABEAS CORPUS TO THE WESTERN DISTRICT OF MICHIGAN
Petitioner Freddie Trail Nash has filed a petition for a writ of habeas corpus with this
Court pursuant to 28 U.S.C. § 2254. Petitioner is confined at the Chippewa Correctional
Facility in Kincheloe, Michigan. He challenges his convictions for first degree murder and
felony firearm, entered in the Ingham County Circuit Court on May 26, 2004, following
Petitioner’s jury trial.
When a habeas petition is submitted by a person in the custody of a state with two or
more Federal judicial districts, the petition may be filed in either the district where the
person is in custody or in the district where the person was convicted and sentenced. 28
U.S.C. § 2241(d). The district in which the petitioner has filed a habeas petition, in the
exercise of discretion and in furtherance of justice, may transfer the petition to another
district court having jurisdiction over the petition. Id.; see also 28 U.S.C. § 1406(a) (district
court may dismiss or, in the interest of justice, transfer case with improper venue to district
or division where it could have been brought).
Petitioner is confined in Chippewa County, Michigan, which lies in the Northern
Division of the Western District of Michigan. See 28 U.S.C. § 102(b)(2). The conviction
and sentence he challenges were rendered in Ingham County, Michigan, which lies in the
Southern Division of the Western District of Michigan. See 28 U.S.C. § 102(b)(1). Venue
is not appropriate in the Eastern District of Michigan as the Petitioner is neither in custody
in this district nor was he convicted and sentenced here. Instead, the appropriate venue
for the Petition is the Western District of Michigan. The Court will therefore transfer
Petitioner’s case to the Western District of Michigan.
Accordingly, 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. §
2241(d).
s/George Caram Steeh
GEORGE CARAM STEEH
United States District Judge
Dated: October 25, 2011
I hereby certify that a copy of the foregoing document was served upon Freddie Nash,
#236341, Chippewa Correctional Facility, 4269 W. M-80, Kiincheloe, MI 49784 and
counsel of record on October 25, 2011, by electronic and/or ordinary mail.
s/Marcia Beauchemin
Case Manager
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