Womack v. Chester et al

Filing 7

ORDER adopting Report and Recommendations and Transferring Case to the U.S. District Court, Eastern District of Oklahoma re 5 Report and Recommendation.. Signed by Honorable Timothy D. DeGiusti on 10/19/2011. (mb, )

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
BRYAN DEAN WOMACK,
Petitioner,
v.
C. CHESTER, et al.,
Respondents

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Case No. CIV-11-1129-D

ORDER TRANSFERRING CASE
This matter is before the Court for review of the Report and Recommendation [Doc. No. 5]
issued by United States Magistrate Judge Bana Roberts pursuant to 28 U.S.C. § 636(b)(1). Judge
Roberts recommends that the Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus be
transferred to the Eastern District of Oklahoma pursuant to 28 U.S.C. § 2241(d).
Petitioner has filed a timely objection to the Report stating simply that both judicial districts
have jurisdiction under § 2241(d) and he objects to a transfer away from the district where he is
located. Notwithstanding this objection, the Court finds upon de novo consideration of the transfer
issue that justice would be better served by adjudication of the Petition in the judicial district
encompassing the state court where Petitioner was convicted and sentenced. Petitioner points to no
circumstance in this case that warrants a deviation from the Court’s usual practice.
IT IS THEREFORE ORDERED that the Report and Recommendation is adopted. This
action is transferred to the United States District Court for the Eastern District of Oklahoma.
IT IS SO ORDERED this 19th day of October, 2011.