Hanebutt v. Colson

Filing 9

ORDER: In this case, it appears that the Western District is the situs of the petitioner's convictions. 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. Signed by Chief Judge Todd J. Campbell on 6/30/11. (xc:Pro se party by regular and certified mail.)(dt) [Transferred from Tennessee Middle on 6/30/2011.]

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

RICK D. HANEBUTT
Petitioner,

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v.
ROLAND COLSON, WARDEN
Respondent.

No. 3:11-0494
Judge Campbell

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.
The petitioner is an inmate at the Riverbend Maximum Security
Institution in Nashville. He brings this action against Roland
Colson,

Warden

of

the

facility,

challenging

the

legality

of

convictions entered against him in Carroll 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
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 this reason, it has been the

1

Carroll County lies within the Eastern Division of the
Western District of Tennessee. 28 U.S.C. § 123(c)(1).

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 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. § 1404(a).
It is so ORDERED.

____________________________
Todd Campbell
United States District Judge