Wells v. Lawson

Filing 5

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Petitioner's motion to proceed in forma pauperis (Doc. 2 ) 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). (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
WILLIAM ALLEN WELLS,
Petitioner,
v.
TERI LAWSON,
Respondent,

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No. 4:17-CV-2159 NAB

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 Lawrence County, which is located 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 (Doc. 2) 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 28th day of July, 2017.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

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