Lewis v. Holloway

Filing 5

ORDER: The Clerk is directed to file the petition in forma pauperis. In this case, it appears that the Western District is the situs of the petitioner's conviction. Accordingly, 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 Kevin H. Sharp on 6/12/14. (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

WILLIE LEWIS
Petitioner,

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v.
JAMES HOLLOWAY, Warden
Respondent.

No. 3:14-1258
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 (Docket Entry No.2) to proceed in forma pauperis.
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 Charles Bass Correctional
Complex in Nashville. He brings this action against James Holloway,
Warden of the facility, challenging the legality of an aggravated
robbery conviction 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 Division of the
United States District Court for the Western District of
Tennessee. 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.
A petitioner's place of confinement, however, may change from
time to time while the district of his conviction 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 conviction. 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.

____________________________
Kevin H. Sharp
United States District Judge