Nunnery v. Lawson

Filing 5

MEMORANDUM AND ORDER OF TRANSFER: IT IS HEREBY ORDERED that petitioner is granted provisional leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 and 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 John A. Ross on 6/11/20. (JAB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CARL E. NUNNERY,
Petitioner,
v.
TERI LAWSON,
Respondent.

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No. 4:20-CV-744 PLC

MEMORANDUM AND ORDER OF TRANSFER
Petitioner, who is presently incarcerated at the Farmington Correctional Center (“FCC”) in
Farmington, Missouri (Saint Francois County), has filed a pro se petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254. For the following reasons, the Court will transfer this case to the
United States District Court for the Western District of Missouri.
In the petition, petitioner states he challenges a judgment entered in the Circuit Court of
Lawrence County, case number 11LW-CR00176-01. The Circuit Court of Lawrence County is
located in the Western District of Missouri. 28 U.S.C. § 105(b)(2). The FCC is located in the
Eastern District of Missouri. 28 U.S.C. § 105(a)(1).
Pursuant to 28 U.S.C. § 2241(d), the district courts for the Eastern District of Missouri and
the Western District of Missouri have concurrent jurisdiction to hear this case. In a circumstance
such as this, the district court in which the petition originally is filed may, in the exercise of its
discretion and in the furtherance of justice, transfer the case to the other district for hearing and
determination. Id. In addition, 28 U.S.C. § 1404(a) provides that a district court, for the
convenience of the parties and witnesses and in the interest of justice, may transfer any civil action
to any other district or division where it might have been brought.

Transfer of this action is appropriate because petitioner’s constitutional claims are based
upon a conviction entered in a circuit court located within the Western District of Missouri, the
relevant records are located there, and if hearings are required, the Western District of Missouri
would be more convenient for witnesses. In addition, 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. The Court will therefore 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 is granted provisional leave to proceed in
forma pauperis pursuant to 28 U.S.C. § 1915 and 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 11th day of June, 2020.

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JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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