Harvey v. Warden Hocking Correctional Facility

Filing 5

ORDER of Transfer to the Northern District of OH, Eastern Division. Signed by Magistrate Judge Norah McCann King on 12/12/12. (rew)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
DAVID L. HARVEY,
Petitioner,
vs.

Civil Action 2:12-cv-1146
Judge Graham
Magistrate Judge King

SAMUEL TAMBI, WARDEN,
Respondent.
ORDER
Petitioner, a state prisoner currently incarcerated in the
Hocking Correctional Facility, brings this action for writ of habeas
corpus pursuant to 28 U.S.C. §2254.
Petitioner challenges his conviction in the Richland County
Court of Common Pleas.

Richland County is within Ohio’s northern

federal judicial district, eastern division. 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 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,
Eastern Division.

December 12, 2012
(Date)

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

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