Jackson v. Fulton State Hospital
Filing
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that petitioner's motion to proceed in forma pauperis is provisionally GRANTED, subject to modification by the United States District Court for the Western District of Missouri. IT IS FURTHER ORDERED that the Clerk shall transfer this case to the United States District Court for the Western District of Missouri. 28 U.S.C. § 1631.. Signed by District Judge Rodney W. Sippel on 6/11/13. (LGK)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MELVIN JACKSON, III,
Petitioner,
v.
FULTON STATE HOSPITAL,
Respondent.
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No. 4:13-CV-1061-RWS
MEMORANDUM AND ORDER OF TRANSFER
This matter is before the Court on petitioner’s motion to proceed in forma pauperis. The Court
will grant the motion on a provisional basis. Additionally, 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 petitioner’s motion to proceed in forma pauperis is
provisionally GRANTED, subject to modification by the United States District Court for the Western
District of Missouri.
IT IS FURTHER ORDERED that the Clerk shall transfer this case to the United States
District Court for the Western District of Missouri. 28 U.S.C. § 1631.
Dated this 11th day of June, 2013.
RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
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