Crosby v. Parris

Filing 8

ORDER: The Clerk is directed to TRANSFER this action to the United States District Court for the Western District of Tennessee, Eastern Division at Jackson, Tennessee. 28 U.S.C. § 1406(a). Signed by District Judge Aleta A. Trauger on 9/4/2014. (xc:Pro se party by regular and certified mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ds)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

JEREMY CROSBY
Petitioner,

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v.
MIKE PARRIS, Warden
Respondent.

No. 3:14-1787
Judge Trauger

O R D E R
The petitioner, proceeding

pro se, is an inmate at the

Northwest Correctional Complex in Tiptonville, Tennessee. He has
filed a habeas corpus petition (Docket Entry No.1) under 28 U.S.C.
§ 2241, alleging that he has been denied a speedy trial for a drug
related charge made against him in Wilson County in November, 2012.
Venue for a § 2241 petition is proper only in the judicial
district within whose territorial jurisdiction the petitioner’s
custodian can be found. Rumsfeld v. Padilla, 124 S.Ct. 2711 (2004).
The petitioner is confined in a penal institution in Lake County,
Tennessee.

The

respondent,

therefore,

resides

within

the

territorial jurisdiction of the Western District of Tennessee. 28
U.S.C. § 123(c)(1). As a consequence, venue for this action is not
proper in this judicial district.
Accordingly, the Clerk is directed to TRANSFER this action to
the United States District Court for the Western District of

Tennessee, Eastern Division at Jackson, Tennessee. 28 U.S.C. §
1406(a).
It is so ORDERED.

____________________________
Aleta A. Trauger
United States District Judge