Morgan v. Donahue
Filing
5
ORDER: It therefore appears to the Court that venue is not proper in this judicial district. Accordingly, the Clerk is directed to TRANSFER the instant action to the United States District Court for the Eastern District of Tennessee, Winchester Division at Winchester, Tennessee. It is so ORDERED. Signed by District Judge Kevin H. Sharp on 2/19/14. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
FRED MORGAN
Petitioner,
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]
]
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]
v.
MICHAEL DONAHUE, WARDEN
Respondent.
No. 3:14-0326
Judge Sharp
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.2).
The application shows that the petitioner lacks sufficient
financial resources from which to pay for the costs of the action.
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
Hardeman
County
Correctional Facility in Whiteville, Tennessee. He brings this
action against Michael Donahue, Warden of the facility, challenging
the legality of a Franklin County sexual battery 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 Franklin 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
Hardeman County, which is in the Western District of Tennessee. 28
U.S.C. § 123(c)(1). It therefore appears to the Court that venue is
not proper in this judicial district.
Accordingly, the Clerk is directed to TRANSFER the instant
action 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.
____________________________
Kevin H. Sharp
United States District Judge
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