Chapman v. Craig

Filing 9

MEMORANDUM AND ORDER that this case is transferred to the United States District Court for the Southern District of Iowa. The clerk of the court is directed to take all necessary steps to transfer this matter. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party) (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BILLIE JOE CHAPMAN,
Petitioner,
v.
DAN CRAIG, Warden, of the Iowa
Medical and Classification Center,
Respondent.

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8:15CV267

MEMORANDUM
AND ORDER

Petitioner Billie Joe Chapman filed a Petition for Writ of Habeas Corpus (Filing No.
1) on July 20, 2015. He challenges the constitutionality of his custody and seeks an order
requiring the Iowa Department of Corrections to release him from custody. Chapman was
sentenced in a criminal case in a state district court in Pottawattamie County. He is
currently incarcerated at the Iowa Medical and Classification Center in Coralville, Iowa.
In a habeas corpus proceeding, jurisdiction lies in the district of confinement.
Rumsfeld v. Padilla, 542 U.S. 426, 442 (2004) (quotation omitted). Chapman is not in
custody in Nebraska, and he is not challenging a conviction or sentence issued by a
Nebraska state court.

Therefore, this court does not have jurisdiction to entertain

Chapman’s petition.
Section 1631 of Title 28 permits the court to transfer an action, in the interest of
justice, to any other court where the action could have been brought. 28 U.S.C. § 1631.
Chapman was convicted in a state court within the Southern District of Iowa, and his place
of incarceration is within the Southern District of Iowa. Therefore, in the interest of justice,
the court will transfer this case to the United States District Court for the Southern District
of Iowa for hearing and determination. Accordingly,

IT IS ORDERED:
1.

This case is transferred to the United States District Court for the Southern
District of Iowa.

2.

The clerk of the court is directed to take all necessary steps to transfer this
matter.

DATED this 7th day of October, 2015.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge

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