Blaine v. Norman et al

Filing 3

MEMORANDUM AND ORDER HEREBY ORDERED that petitioner's motion for leave to proceed in forma pauperis [Doc. # 2 ] is PROVISIONALLY GRANTED. Because this case is to be transferred to the United States District Court for the Western District of Mis souri, such leave to proceed in forma pauperis is subject to modification by the Western District upon transfer. FURTHER ORDERED that the Clerk shall TRANSFER the instant application for writ of habeas corpus pursuant to 28 U.S.C. § 2254 to the United States District Court for the Western District of Missouri. Signed by District Judge Jean C. Hamilton on 07/12/2013. (CLK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

DENORVEL M. BLAINE,

)
)
Petitioner,
)
)
vs.
)
)
MISSOURI BOARD OF PROBATION )
AND PAROLE, et al.,
)
)
Respondents.
)

Case No. 4:13-CV-975-NAB

MEMORANDUM AND ORDER OF TRANSFER
This matter is before the Court upon the application of Denorvel M. Blaine for
leave to commence this action without payment of the required filing fee [Doc. #2].
Upon consideration of the financial information provided with the application, the
Court will grant petitioner provisional leave to file this action pursuant to 28 U.S.C.
§ 1915(a).
The Petition
Petitioner, an inmate at the Jefferson City Correctional Center, seeks a writ of
habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner alleges a conspiracy “to
deprive [him] of the federal due process and equal protection in his case against [the]
parole board.” He further alleges that “the MBPP took [his parole date] without [a]
hearing or due process of law.”

Discussion
Pursuant to 28 U.S.C. § 2241(d), the Eastern District of Missouri and the
Western District of Missouri have concurrent jurisdiction to entertain the instant
petition. Where two district courts have concurrent jurisdiction over a petition for a
writ of habeas corpus, the district in which the petition is originally filed may, in the
exercise of its discretion and in furtherance of justice, transfer the petition to the other
district court for hearing and determination. 28 U.S.C. § 2241(d). Furthermore, on
January 27, 1986, this Court entered an order stating that, absent unusual
circumstances, any habeas corpus petition challenging a conviction or sentence
arising out of a proceeding in the Western District of Missouri shall be transferred to
that district pursuant to 28 U.S.C. § 2241(d). See In re: Business of the Court,
January 27, 1986. Petitioner is challenging parole proceedings and decisions that
took place in the Western District of Missouri, where he is also incarcerated. As
such, the Court believes that the interests of justice would be better served if the
petition were transferred to the United States District Court for the Western District
of Missouri.
Therefore,
IT IS HEREBY ORDERED that petitioner’s motion for leave to proceed in
forma pauperis [Doc. #2] is PROVISIONALLY GRANTED. Because this case is
to be transferred to the United States District Court for the Western District of

Missouri, such leave to proceed in forma pauperis is subject to modification by the
Western District upon transfer.
IT IS FURTHER ORDERED that the Clerk shall TRANSFER the instant
application for writ of habeas corpus pursuant to 28 U.S.C. § 2254 to the United
States District Court for the Western District of Missouri.
Dated this 12th day of July, 2013.

/s/Jean C. Hamilton
UNITED STATES DISTRICT JUDGE

3