Fleming v. Wolfe

Filing 5

ORDER. IT IS ORDERED that this action is TRANSFERRED to the United States District Court for the District of Nebraska, Lincoln Division. The clerk of court shall transmit this order and this entire action to the USDC for the District of Nebraska, Lincoln Division, forthwith. Signed by Chief Judge Robert C. Jones on 2/23/2012. (Copies have been distributed pursuant to the NEF - KO) [Transferred from Nevada on 2/24/2012.]

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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RICHARD M. FLEMING,
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Petitioner,
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vs.
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MICHELLE WOLFE,
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Respondent.
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____________________________________/

3:11-cv-00848-RCJ-VPC
ORDER

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This is a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 in which petitioner is
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proceeding pro se. Petitioner challenges his federal criminal conviction in the United States District
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Court for the District of Nebraska, Lincoln Division, with Judge Richard G. Kofp, presiding.
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If the petitioner files a petition in the wrong district, the district court may transfer the petition
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to the proper district pursuant to 28 U.S.C. § 1631, “if it is in the interest of justice.” See Miller v.
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Hambrick, 905 F.2d 259, 262 (9th Cir. 1990). Here, petitioner is challenging a federal conviction from
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the District of Nebraska. The United States District Court for the District of Nebraska has proper
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jurisdiction over this petition.
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IT IS THEREFORE ORDERED that this action is TRANSFERRED to the United States
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District Court for the District of Nebraska, Lincoln Division. The clerk of court shall transmit this order
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and this entire action to the United States District Court for the District of Nebraska, Lincoln Division,
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forthwith.
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23rd
Dated this ________ day of February, 2012.
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UNITED STATES DISTRICT JUDGE