Nelson v. Parker

Filing 5

OPINION AND ORDER by Judge Frank H. Seay, transferring case to the Western District of Oklahoma (terminates case) (acg, Deputy Clerk) [Transferred from Oklahoma Eastern on 6/7/2011.]

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
PAUL NELSON,
Petitioner,
v.
DAVID PARKER, Warden,
Respondent.

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CIV-11-190-FHS-KEW

OPINION AND ORDER
Petitioner has filed a petition for a writ of habeas corpus, which the court construed
as arising under 28 U.S.C. § 2241. A § 2241 petition attacks the execution of a sentence and
must be filed in the district where the petitioner is confined. Haugh v. Booker, 210 F.3d
1147, 1149 (10th Cir. 2000); Bradshaw v. Story, 86 F.3d 164, 166 (10th Cir. 1996). Because
petitioner is incarcerated at James Crabtree Correctional Center in Helena, Oklahoma, which
is located within the territorial jurisdiction of the Western District of Oklahoma, this action
must be transferred to that district.
ACCORDINGLY, the Court Clerk is directed to transfer this matter in the interest
of justice to the Western District of Oklahoma. See 28 U.S.C. § 1404(a).
IT IS SO ORDERED this 7th day of June, 2011.