Tubbs v. Clipper

Filing 3

Memorandum of Opinion and Order For the reasons set forth herein, this action is transferred for all further proceedings to the United States District Court for the Southern District of Ohio, Western Division at Dayton. Judge Benita Y. Pearson on 8/28/2017. (JLG)

PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

AARON D. TUBBS,
Petitioner,
v.
KIMBERLY CLIPPER, Warden,
Respondent.

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CASE NO. 1:17CV1571

JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION

Pro Se Petitioner Aaron D. Tubbs, an inmate in state custody at the Lorain Correctional
Institution, brings this Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. He is
serving a 26-year sentence imposed by the Miami County, Ohio Court of Common Pleas in Case
No. 12 CR 00032 for attempted murder, aggravated robbery, drug trafficking, having a weapon
while under disability, and a firearm specification. Miami County, Ohio is located within Ohio’s
southern federal judicial district. The Lorain Correctional Institution is located within Ohio’s
northern federal judicial district. Because 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 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,

(1:17CV1571)
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 transferred for all further proceedings to the United States
District Court for the Southern District of Ohio, Western Division at Dayton.

IT IS SO ORDERED.

August 28, 2017
Date

/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge

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