Mack Moziah Garvey a/k/a David M. Perkins v. Richard G. Callahan

Filing 7

MEMORANDUM AND ORDER OF TRANSFER IT IS HEREBY ORDERED that the Clerk shall transfer this case to the United States District Court for the Western District of Missouri. See 28 U.S.C. § 1631. Signed by District Judge Audrey G. Fleissig on 1/15/13. (JWJ)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

MACK MOZIAH GARVEY a/k/a
DAVID M. PERKINS,
Petitioner,
v.
RICHARD G. CALLAHAN,
Respondent.

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No. 4:12-CV-2186-AGF

MEMORANDUM AND ORDER OF TRANSFER
This matter is before the Court on review of petitioner’s amended petition for writ
of habeas corpus [Doc. #6]. For the following reasons, the Court will transfer this case to
the United States District Court for the Western District of Missouri.
Petitioner, a Missouri state prisoner, seeks a writ of habeas corpus under 28 U.S.C.
§ 2254. Petitioner is incarcerated in the Western District of Missouri, and petitioner’s
conviction arose in the Western District of Missouri.
Because petitioner’s incarceration and conviction both lie in the Western District of
Missouri, this Court lacks jurisdiction over the petition. However, rather than dismiss this
action, the Court finds that it is in the interest of justice to transfer it to the United States
District Court for the Western District of Missouri under 28 U.S.C. § 1631.

Accordingly,
IT IS HEREBY ORDERED that the Clerk shall transfer this case to the United
States District Court for the Western District of Missouri. See 28 U.S.C. § 1631.
Dated this 15th day of January, 2013.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

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