Massey v. Minor

Filing 3

MEMORANDUM AND ORDER 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. § 2241(d).. Signed by District Judge Audrey G. Fleissig on 1/2/13. (JWJ)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ERIC MASSEY,

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Petitioner,
v.
DEAN MINOR,
Respondent.

No. 4:12-CV-2402-AGF

MEMORANDUM AND ORDER OF TRANSFER
This matter is before the Court upon Eric Massey’s application for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254. 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 Eastern District of Missouri. Petitioner’s conviction,
however, arose in the Western District of Missouri.
The Eastern District of Missouri and the Western District of Missouri both have
jurisdiction over the petition. See 28 U.S.C. § 2241(d). In such an instance as this, the Court
may transfer the petition to the Western District “in furtherance of justice . . .” Id. Additionally,
the Court has entered an administrative order stating that, absent any unusual circumstances, any
habeas petition challenging a conviction or sentence arising out of a proceeding in the Western
District of Missouri should be transferred to that district. In re Business of the Court, January 27,
1986. As a result, the Court will order that this case be transferred to the United States District
Court for the Western District of Missouri.
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. § 2241(d).
Dated this 2nd day of January, 2013.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

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