Mack v. Wallace
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. See 28 U.S.C. 2241(d). Signed by District Judge Catherine D. Perry on 1/4/16. (EAB)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
TRAVIS D. MACK,
Petitioner,
v.
IAN WALLACE,
Respondent.
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No. 4:15CV1918 NCC
MEMORANDUM AND ORDER
This matter is before the Court on petitioner’s motion to proceed in forma
pauperis. The motion will be provisionally granted. 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 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 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. See 28 U.S.C. '
2241(d).
Dated this 4th day of January, 2016.
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
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