Adams #268663 v. Horton, et al
Filing
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ORDER TRANSFERRING CASE to the Western District of Michigan. Signed by District Judge Laurie J. Michelson. (DPer) [Transferred from Michigan Eastern on 6/26/2020.]
Case 2:20-cv-00094-JTN-MV ECF No. 3 filed 06/25/20 PageID.25 Page 1 of 2
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TERRY ADAMS,
Case No. 2:20-cv-11531
Honorable Laurie J. Michelson
Petitioner,
v.
HEIDI L. WASHINGTON, Director, and
CONNIE HORTON, Warden,
Respondents.
ORDER TRANSFERRING CASE TO WESTERN DISTRICT OF MICHIGAN
Petitioner Terry Adams, a state prisoner incarcerated at the Chippewa Correctional Facility
in Kincheloe, Michigan, filed a pro se habeas corpus petition under 28 U.S.C. § 2241 and an
emergency motion for a preliminary injunction and temporary restraining order. (ECF Nos. 1 and
2.) Adams previously challenged the validity of his Oakland Circuit Court conviction in this court
under 28 U.S.C. § 2254, but that petition was denied. See Williams v. Brewer, Case No. 2:15-cv11209. According to Adams, his present case “is not attac[k]ing the conviction, only the current
imminent danger of the corona virus that’s killing prisoners at an alarming rate throughout the
Michigan prison system with no end in sight.” (ECF No. 1, Page.ID.1.)
A state prisoner in a state that has two or more federal judicial districts may file a habeas
petition in the district where the prisoner is in custody or in the district where the prisoner was
convicted and sentenced. See 28 U.S.C. § 2241(d). The district having custody of the prisoner and
the district where the prisoner was convicted and sentenced have concurrent jurisdiction to
entertain the application. Id.
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Case 2:20-cv-00094-JTN-MV ECF No. 3 filed 06/25/20 PageID.26 Page 2 of 2
The district court where the petition was filed may, “in the exercise of its discretion and in
furtherance of justice, transfer the application to the other district court for a hearing and
determination.” Id.; see also 28 U.S.C. § 1404(a) (“For the convenience of parties and witnesses,
in the interest of justice, a district court may transfer any civil action to any other district or division
where it might have been brought.”).
Here, although Adams was convicted by a state court within the Eastern District of
Michigan, his current petition for writ of habeas corpus is not attacking his conviction. Instead, his
petition and motions are solely focused on challenging the conditions of his confinement due to
the spread of COVID-19 at his place of confinement in Chippewa County, which is within the
geographical confines of the Western District of Michigan. See 28 U.S.C. § 102(b)(2). Also,
Adams names as Respondents the Warden of his facility and MDOC Director Heidi L.
Washington, both of whom are located in the Western District of Michigan.
Because the entirety of his petition relates to acts and witnesses within the confines of the
Western District of Michigan, the interests of justice are furthered by a transfer of the case to the
Western District. See 28 U.S.C. § 2241(d); see also Hulvey v. Curtin, No. 2:09-CV-14259, 2010
WL 3609488, at *1 (E.D. Mich. Sept. 14, 2010).
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. § 1404(a). Given
the time-sensitivity of Adams’ claims, the Court directs the Clerk to effectuate the transfer as soon
as possible.
Dated: June 25, 2020
s/Laurie J. Michelson
LAURIE J. MICHELSON
UNITED STATES DISTRICT JUDGE
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