Hendricks v. Warden Pickaway Correctional Institution

Filing 2

ORDER transferring case to the United States District Court for the Northern District of Ohio. Signed by Magistrate Judge Norah McCann King on 9/23/2013. (er1) [Transferred from ohsd on 9/23/2013.]

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
BENJAMIN HENDRICKS,
Petitioner,
vs.

Civil Action 2:13-cv-932
Judge Economus
Magistrate Judge King

WARDEN, PICKAWAY CORRECTIONAL
INSTITUTION,
Respondent.
ORDER
Petitioner, a state prisoner, brings this action for writ
of habeas corpus pursuant to 28 U.S.C. §2254.
Petitioner challenges his conviction in the Cuyahoga County
Court of Common Pleas.

Cuyahoga County is within Ohio’s northern

federal judicial district. 28 U.S.C. §115(a)(1). 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.

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); 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 Northern District of Ohio.

September 23, 2013
(Date)

s/Norah McCann King
Norah McCann King
United States Magistrate Judge