Jones v. Ishee

Filing 4

ORDER on Petitioner's #1 Petition for Writ of Habeas Corpus under 28 U.S.C. 2254: this action is TRANSFERRED to the Eastern District of North Carolina.The Clerk is respectfully instructed to terminate this action. Signed by Chief Judge Martin Reidinger on 6/3/2024. (Pro se litigant served by US Mail.) (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:24-cv-00138-MR

RODNEY MOUCELL JONES,

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Petitioner,
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vs.
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TODD E. ISHEE,
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Respondent.
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________________________________ )

ORDER

THIS MATTER is before the Court on the Petitioner’s Petition under 28
U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody.
[Doc. 1].
The Petitioner is a state prisoner currently serving his sentence at the
Pasquotank Correctional Institution, located in Pasquotank County, North
Carolina. [Doc. 1 at 1]. In his Petition, the Petitioner seeks to challenge the
loss of sentencing credit and privileges as a result of certain disciplinary
actions taken against him in March 2024 at the Warren Correctional
Institution, located in Warren County, North Carolina. [Id. at 1].
State prisoner habeas corpus petitions may be brought either in the
federal judicial district within which the state court of the conviction is located
or in the district of confinement. See 28 U.S.C. § 2241(d). Here, both the

Petitioner’s place of conviction and place of confinement are located in the
Eastern District of North Carolina. As such, in accordance with 28 U.S.C. §
2241(d) and the Joint Order of the United States District Courts for the
Eastern, Middle and Western Districts of North Carolina (Joint Order, In re:
Applications for Writs of Habeas Corpus (Oct. 26, 1966)), the Court shall
transfer this action to the United States District Court for the Eastern District
of North Carolina, where venue is proper.
This Court has not conducted an initial review of the petition and makes
no findings or conclusions as to its merits or timeliness.
IT IS, THEREFORE, ORDERED that this action is TRANSFERRED to
the Eastern District of North Carolina.
The Clerk is respectfully instructed to terminate this action.
IT IS SO ORDERED.
Signed: June 3, 2024

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