McClanahan v. State of Montana et al

Filing 3

MEMORANDUM OPINION AND ORDER FOR TRANSFER by Chief Judge Bruce D. Black transferring this case to the U.S. District Court for the District of Montana. Terminated document(s): 2 MOTION for Leave to Proceed in forma pauperis. Related document(s): 1 Motion for 2254 Relief. (an) [Transferred from nmd on 6/24/2011.]

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
SHANE McCLANAHAN,
Applicant,
v.

No. CV 11-0552 BB/RHS

STATE OF MONTANA,
Respondent.
MEMORANDUM OPINION AND ORDER FOR TRANSFER
This matter is before the Court, sua sponte under rule 4 of the Rules Governing Section 2254
Cases, for preliminary consideration of Applicant’s Application For Writ Of Habeas Corpus
Pursuant To 28 U.S.C. § 2254. The application challenges a judgment entered against Applicant
in a Montana state criminal proceeding, although Applicant is now incarcerated in New Mexico.
Because Montana would provide the more convenient forum for adjudicating Applicant’s claims,
see Braden v. 30th Judicial Circuit Court, 410 U.S. 484, 499 n.15 (1973); and see Dunn v. United
States Parole Comm’n, 818 F.2d 742, 744 (10th Cir. 1987) (“only in the most formal sense does [a
New Mexico custodian] control whether [Applicant] is released”), this proceeding will be
transferred to the United States District Court for the District of Montana. See 28 U.S.C. §§ 1404(a),
106.
IT IS THEREFORE ORDERED that the Clerk is directed to transfer this case to the United
States District Court for the District of Montana.

___________________________________
UNITED STATES DISTRICT JUDGE