Ensey v. Klinger

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATION 5 of Magistrate Judge Gary Purcell and transfers this case to the Eastern District of Oklahoma. Signed by Honorable Joe Heaton on 08/03/2015. (lam) [Transferred from okwd on 8/3/2015.]

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
GARY ENSEY,
Petitioner,
vs.
OKLAHOMA DEPARTMENT OF
CORRECTIONS, et al.,
Respondent.

)
)
)
)
)
)
)
)
)

NO. CIV-15-0652-HE

ORDER
Petitioner Gary Ensey, a state prisoner appearing pro se, filed this action pursuant to
28 U.S.C. § 2241 seeking habeas relief. Consistent with 28 U.S.C. § 636(b)(1)(B), the matter
was referred to Magistrate Judge Gary M. Purcell, who has recommended that the action be
transferred to the United States District Court for the Eastern District of Oklahoma.
Because district courts are limited to granting habeas relief “within their respective
jurisdictions” by 28 U.S.C. § 2241(a), the magistrate judge states petitioner should have filed
his § 2241 petition in the Eastern District of Oklahoma, the district where he is incarcerated.
He notes that petitioner also should have named his warden as respondent, as required by 28
U.S.C. § 2242.
No party objected to the Report and Recommendation and they thereby waived their
right to appellate review of the factual and legal issues it addressed. United States v. One
Parcel of Real Property, 73 F.3d 1057, 1059-60 (10th Cir. 1996).

See 28 U.S.C.

§636(b)(1)(C); LCvR72.1(a).
The court concurs with Magistrate Judge Purcell that the petition should be reviewed

by the United States District Court for the Eastern District of Oklahoma and that the interests
of justice would be furthered by transferring the action to that judicial district. See 28 U.S.C.
§ 1631.
Accordingly, the court ADOPTS the magistrate judge’s Report and Recommendation
and TRANSFERS this case to the Eastern District of Oklahoma.
IT IS SO ORDERED.
Dated this 3rd day of August, 2015.

2