Hardiman v. Minor

Filing 5

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 John A. Ross on 8/9/17. (JAB) [Transferred from moed on 8/11/2017.]

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ROBERT EARL HARDIMAN,
Petitioner,

v.
DEAN MINOR,
Respondent.

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No. 4:17-CV-2213 JMB

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 Moberly Correctional Center, which is located in the

Eastern District of Missouri. Petitioner's conviction, however, arose in the Westeni District of
Missouri, in Jackson County. 1
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,

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See State v. Hardiman, No. 1216-CR03796-01 (16th Circuit Court, Jackson County Missouri).

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

~y of August, 2017.
.ROSS
ED STATES DISTRICT JUDGE

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