Wilson v. Warden Ross Correctional Institution

Filing 6

ORDER adopting Report and Recommendations re 2 Report and Recommendations. This action is TRANSFERRED to the United States District Court for the Northern District of Ohio. Signed by Senior Judge Peter C Economus on 6/18/12. (jr)[Transferred from ohsd on 6/18/2012.]

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Eric R. Wilson,

:
Petitioner

:
:

Warden, Ross Correctional
Institution,
Respondent.

Judge Economus

:

v.

Civil Action 2:12-cv-368

Magistrate Judge Abel

:
:

OPINION AND ORDER

On April 27, 2012, Petitioner Eric R. Wilson, an inmate incarcerated at the
Ross Correctional Institution, filed this petition for a writ of habeas corpus
challenging his conviction from the Court of Common Pleas of Cuyahoga County,
Ohio. On May 1, 2012, the Magistrate Judge issued an initial screening report and
recommendation, which granted Petitioner’s motion for leave to proceed in forma

pauperis. However, the Magistrate Judge recommended that this action be
transferred to another venue:
Cuyahoga County is within Ohio’s northern federal judicial district.
Because petitioner challenges the conviction of a state court within the
Northern District of Ohio but is in custody in the Southern 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 the Northern
District for hearing and determination. Id. A transfer to the Northern
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).
(Doc. 2 at 1-2.)
Petitioner has filed no objection to the Report and Recommendation, and the
deadline for doing so has now elapsed. Accordingly, the Report and
Recommendation (Doc. 2) is ADOPTED. That this action should proceed in a more
convenient forum, it is hereby ORDERED that this action be TRANSFERRED to
the United States District Court for the Northern District of Ohio.

s/ Peter C. Economus
PETER C. ECONOMUS
United States District Judge

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