Hatcher v. Sullivan County Jail

Filing 3

MEMORANDUM AND ORDER, finding that the venue for a writ of habeas corpus lies in the district where a petitioner's judgment of conviction was entered or the district wherein petitioner is incarcerated. In this case, it appea rs that Sullivan County, Tennessee, which lies within the Northeastern Division of this district. Accordingly, it is ORDERED that the Clerk transfer this case to the United States District Court for the Eastern District of Tennessee, at Greeneville, forthwith. Signed by Chief District Judge Thomas A Varlan on 4/10/15. (c/m) (ADA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
SHAMSIDDEEN HATCHER,
Petitioner,
v.
SULLIVAN COUNTY,
Respondent.

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No.: 3:15-CV-59-TAV-HBG

MEMORANDUM AND ORDER
This is a pro se petition for a writ of habeas corpus pursuant to 42 U.S.C. 2254
[Doc. 2]. The petitioner, who is incarcerated in a state prison in Sullivan County,
Tennessee, is challenging his 2014 Bristol, Tennessee conviction for simple assault [Doc.
2].
Under 28 U.S.C. § 2241(d), venue for a writ of habeas corpus lies in the district
where a petitioner’s judgment of conviction was entered or the district wherein petitioner
is incarcerated. In this case, it appears that Sullivan County, Tennessee, which lies within
the Northeastern Division of this district, is both the district where the petitioner's
conviction was entered and where he is incarcerated. Therefore, it is in the interests of
justice, and more convenient for the parties and potential witnesses, that this case be
transferred to the Northeastern Division. See 28 U.S.C. § 1404(a).

Accordingly, it is ORDERED that the Clerk transfer this case to the United States
District Court for the Eastern District of Tennessee, at Greeneville, forthwith.
ENTER:

s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE

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