Wren v. Westbrooks
Filing
4
ORDER: Clerk is directed to file the petition in forma pauperis. The Clerk will TRANSFER this action to the United States District Court for the Western District of Tennessee, Western Division at Memphis, Tennessee. Signed by District Judge Aleta A. Trauger on 4/4/14. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified on 4/4/2014 (dt).
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
CURTIS L. WREN
Petitioner,
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]
]
]
]
]
]
v.
BRUCE WESTBROOKS, WARDEN
Respondent.
No. 3:14-0858
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.2).
The application shows that the petitioner lacks sufficient
financial resources from which 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 Deberry Special Needs
Facility
in
Nashville.
He
brings
this
action
against
Bruce
Westbrooks, Warden of the prison, challenging the legality of four
convictions entered against him in Shelby County.1
Under 28 U.S.C. § 2241(d), a habeas petitioner may file in
either the judicial district where the petitioner was convicted or
1
Shelby County lies within the Western District of
Tennessee, Western Division. 28 U.S.C. § 123(c)(2).
the
judicial
district
where
he
is
currently
incarcerated.
Therefore, venue for this action is proper in both the Western and
Middle Districts of Tennessee. However, a petitioner's place of
confinement may change from time to time while the district of his
convictions will remain constant. For that reason, it has been the
consistent practice in the federal courts of Tennessee to transfer
habeas petitions to the judicial district in which the convicting
court is located.
In this case, it appears that the Western District is the
situs of the petitioner's convictions. Accordingly, the Clerk will
TRANSFER this action to the United States District Court for the
Western
District
of
Tennessee,
Western
Division
at
Memphis,
Tennessee. 28 U.S.C. § 1404(a).
It is so ORDERED.
____________________________
Aleta A. Trauger
United States District Judge
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