Acre v. Warden Hocking Correctional Facility

Filing 3

ORDER this case is transferred the Untied States District Court for the Northern District of Ohio re 2 Petition for Writ of Habeas Corpus. Signed by Magistrate Judge Norah McCann King on 10/15/12. (rew) [Transferred from ohsd on 10/15/2012.]

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

Civil Action 2:12-cv-939
Judge Sargus
Magistrate Judge King

WARDEN, HOCKING CORRECTIONAL
FACILITY,
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 by the Lucas County Court
of Common Pleas.

Lucas 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.

A transfer to the

Northern District is appropriate in this case, because it is the more
convenient forum and 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.

October 15, 2012
(Date)

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