Rarden v. Warden, Warren Correctional Institution

Filing 23

ORDER denying (22) Motion to Intervene in case 1:12-cv-00660-MRB-MRM; denying (14) Motion to Intervene in case 1:12-cv-00756-MRB-MRM. Signed by Magistrate Judge Michael R Merz on 01/28/15. Associated Cases: 1:12-cv-00660-MRB-MRM, 1:12-cv-00756-MRB-MRM (pb1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT CINCINNATI
LONNIE RARDEN,
Petitioner,

:

- vs -

Case No. 1:12-cv-660/1:12-cv-756
District Judge Michael R. Barrett
Magistrate Judge Michael R. Merz

WARDEN, Warren Correctional Institution,
:
Respondent.

ORDER DENYING MOTION FOR INTERVENTION

These cases are before the Court on Petitioner’s Motion for Intervention (Doc. No. 22)
which seeks an order from this Court to prevent his transfer by the Ohio Department of
Rehabilitation and Corrections “to any other institutions outside the jurisdiction of this Court.”
Id. at PageID 1733.

Supreme Court case law makes it clear that “if a petitioner properly brings a habeas
corpus case in a particular district and then is transferred to another jurisdiction while the petition
is pending, the court in which the petition was originally filed retains jurisdiction and remains the
appropriate venue.” Herz & Liebman, Federal Habeas Corpus Practice and Procedure 6th, § 10.2,
citing Rumsfeld v. Padilla, 542 U.S. 426, 441 (2004); Ex parte Endo, 323 U.S. 283, 306 (1944).

There is accordingly no need to intervene to prevent Petitioner’s transfer in order to

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protect the jurisdiction of this Court over this case. The Motion for Intervention is therefore
DENIED.

January 28, 2015.
s/ Michael R. Merz
United States Magistrate Judge

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