Scruggs v. Gansheimer

Filing 4

Order of Transfer. The Court finds that transfer is appropriate in this case. Accordingly, this action is TRANSFERRED to the United States District Court for the Southern District of Ohio (Cincinnati). Signed by Judge Kathleen M. O'Malley on 7/2/2007.(H,CM)

Scruggs v. Gansheimer

Doc. 4

Case 1:07-cv-01820-KMO

Document 4

Filed 07/02/2007

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO

HENRY S. SCRUGGS, Petitioner, v. RICH GANSHEIMER, Respondent.

) ) ) ) ) ) ) ) )

CASE NO. 1:07 CV 1820 JUDGE KATHLEEN M. O'MALLEY ORDER OF TRANSFER

Petitioner pro se Henry S. Scruggs, an inmate in state custody at the Lake Erie Correctional Institution (LECI) in

Conneaut, Ohio, brings this action for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges the judgment of conviction entered by the Hamilton County Court of Common Pleas. Hamilton County is LECI is located Because

within Ohio's southern federal judicial district. within Ohio's northern federal judicial

district.

petitioner challenges the conviction of a state court within the Southern District of Ohio, but is in custody in the Northern District of Ohio, both districts have concurrent jurisdiction over the action. 28 U.S.C. § 2241(d).

This court has the discretion to transfer this action to

Dockets.Justia.com

Case 1:07-cv-01820-KMO

Document 4

Filed 07/02/2007

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the Southern District for hearing and determination.

Id.

A

transfer to the Southern District is appropriate in this case, because it is the more convenient forum and the evidence is more readily accessible in the district where petitioner was convicted. See, Bell v. Watkins, 692 F.2d 999, 1013 (5th Cir. 1982), cert. denied, 464 U.S. 843 (1983); see also, Braden v. 30th Judicial Circuit Court of Ky., 410 U.S. 484, 497 n.13 (1973). Accordingly, this action is hereby TRANSFERRED to the United States District Court for the Southern District of Ohio (Cincinnati). IT IS SO ORDERED.

s/ Kathleen M. O'Malley KATHLEEN M. O'MALLEY UNITED STATES DISTRICT JUDGE DATED: July 2, 2007

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