Himes v. Warden of Belmont Correctional Institution

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS and Transferring this action to the USDC NDO Youngstown. Signed by Judge James L Graham on 10/7/2010. (bw)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

William J. Himes, Petitioner v. Michelle Miller, Warden, Belmont Correctional Institution, Respondent

: : : : : : Case No. 2:10-cv-00599 Judge Graham Magistrate Judge Abel

ORDER
Petitioner William J. Himes, a prisoner at the Belmont Correctional Institution, brings this action for writ of habeas corpus under 28 U.S.C. §2254. This matter is before the Court on Magistrate Judge Mark R. Abel's July 6, 2010 Report and Recommendation that this case be transferred to the United States District Court for the for the Northern District of Ohio. No objections have been made to the Report and Recommendation. Since petitioner Himes was convicted of two counts of complicity to rape in the Court of Common Pleas for Mahoning County, Ohio, this Court has the discretion to transfer this action to the Northern District for hearing and determination. 28 U.S.C. §2241(d). 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). Accordingly, upon de novo review as required by 28 U.S.C. § 636(b)(1)(B), the Court ADOPTS the Report and Recommendation. This action is hereby TRANSFERRED to the United States District Court for the Northern District of Ohio at Youngstown. It is so ORDERED. s/ James L. Graham JAMES L. GRAHAM United States District Judge

DATE: October 7, 2010

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