Shelton v. Russell

Filing 4

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 Audrey G. Fleissig on 7/22/2014. (NCL) [Transferred from moed on 7/22/2014.]

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MATTHEW C. SHELTON,

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Petitioner,
v.
TERRY RUSSELL,
Respondent,

No. 4:14CV1277 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 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 22nd day of July, 2014.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE