Thomas v. Jones

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATION, the Court ADOPTS the 6 Report and Recommendation, DIRECTS the Clk of this Court to TRANSFER this matter to the USDC ND/OK; and ADVISES Thomas that all pldgs and papers hereafter filed should be filed in the ND/OK and reflect the case number assigned to the action by the Clk of Court. Signed by Honorable Lee R. West on 7/31/12. (ap)

IN THE UNITED STATES DISTRICT COURT

FoF IlED

THE WESTERN DISTRICT OF OKLAHOMA
DAVID RAY THOMAS,
Petitioner,
vs.
JUSTIN JONES, Director,
Respondent.

RObERT D, DE~NIS, CLeRK
u.s, OIST. COURT, WESTERN OIST. OF OKLA.
BY "'r~
DEPUTY

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JUL 3 1 2012

No. CIV-12-705-W

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ORDER
On June 28, 2012, United States Magistrate Judge Gary M. Purcell issued a Report
and Recommendation in this matter and recommended that this action be transferred to
the United States District Court for the Northern District of Oklahoma. 1 Petitioner David
Ray Thomas was advised of his right to object, see Doc. 6 at 3, but no objections to the
proposed transfer have been filed within the allotted time.
Thomas is currently incarcerated in Lawton Correctional Facility, Lawton, Oklahoma,
which is located within the territorial jurisdiction of this judicial district. The judgments of
conviction and the sentences giving rise to Thomas' Petition for Writ of Habeas Corpus
("Petition"), which was filed pursuant to title 28, section 2254 of the United States Code,
were imposed by the District Court for Rogers County, Oklahoma, which is located within
the territorial confines of the Northern District of Oklahoma.
Under title 28, section 2241 (d) of the United States Code, both the Western District,
where Thomas is incarcerated, and the Northern District, where Thomas was convicted

11n the Report and Recommendation, Magistrate Judge Purcell noted that Thomas had
failed to pay the requisite filing fee. See Doc. 6 at 1. The record reflects that Thomas has now
paid the filing fee of $5.00 in its entirety. See Doc. 7.

and sentenced, have jurisdiction to hear the claims in Thomas' Petition. Magistrate Judge
Purcell recommended, and this Court concurs in the exercise of its discretion and in the
absence of objection, that justice would be better served by the adjudication of Thomas'
Petition in the judicial district where his convictions were entered and his sentences
imposed.
Accordingly, the Court
(1) ADOPTS the Report and Recommendation [Doc. 6] filed on June 28,2012;
(2) DIRECTS the Clerk of this Court to TRANSFER this matter to the United States
District Court for the Northern District of Oklahoma; and
(3) ADVISES Thomas that all pleadings and papers hereafter 'flied in this matter
should be filed in the Northern District of Oklahoma and should reflect the case number
assigned to the action by the Clerk of that Court.
ENTERED this

3[tJir day of July, 2012.

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R. WEST
NITED STATES DISTRICT JUDGE