Gann v. Lester
Filing
9
ORDER: The Clerk is directed to file the petition in forma pauperis. It therefore appears to the Court that venue is not proper in this judicial district. Accordingly, the Clerk is directed to TRANSFER this case to the United States District Court for the Eastern District of Tennessee, Winchester Division at Winchester, Tennessee. Signed by District Judge Aleta A. Trauger on 9/23/13. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
JAMES W. GANN, JR.
Petitioner,
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v.
JERRY LESTER, WARDEN
Respondent.
No. 3:13-cv-1037
(No. 3:13-mc-0069)
Judge Trauger
O R D E R
The Court has before it a pro se prisoner petition (Docket
Entry No.1) under 28 U.S.C. § 2254, for writ of habeas corpus, and
an application to proceed in forma pauperis (Docket Entry No.7).
The application shows that the petitioner lacks sufficient
financial
resources
to
pay
for
the
filing
of
the
petition.
Therefore, the Clerk is directed to file the petition in forma
pauperis. 28 U.S.C. § 1915(a).
The petitioner is an inmate at the West Tennessee State Prison
in Henning, Tennessee. He brings this action against Jerry Lester,
Warden of the facility, challenging the legality of a Coffee County
conviction.
Venue for a § 2254 action is governed by 28 U.S.C. § 2241(d).
That provision requires that a habeas corpus action be brought in
either the judicial district of petitioner's conviction or the
judicial district of his current incarceration.
In this case, the petitioner was convicted in Coffee County,
which lies in the Eastern District of Tennessee. 28 U.S.C. §
123(a)(4). He is currently incarcerated in a penal facility in
Lauderdale County, which is in the Western District of Tennessee.
28 U.S.C. § 123(c)(2). It therefore appears to the Court that venue
is not proper in this judicial district.
Accordingly, the Clerk is directed to TRANSFER this case to
the United States District Court for the Eastern District of
Tennessee, Winchester Division at Winchester, Tennessee. 28 U.S.C.
§ 1406(a).
It is so ORDERED.
____________________________
Aleta A. Trauger
United States District Judge
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