Patton v. Rivera

Filing 12

ORDER directing the Clerk to immediately transfer Petitioner's entire case file to the N/D of Texas. All pending motions are denied as moot 11 . Signed by Magistrate Judge Joe J. Volpe on 12/17/2015. (lej)[Transferred from Arkansas Eastern on 12/17/2015.]

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
JOEL DARNELL PATTON,
Reg. #34351-077
v.

PETITIONER
2:15CV00156-JM-JJV

C.V. RIVERA, Warden,
Forrest City Medium

RESPONDENT
ORDER

After pleading guilty to convicted felon in possession of a firearm and aiding and abetting,
Joel Patton filed a Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255
in the Northern District of Texas, San Angelo Division. Patton v. United States, No. 6:09-cv-00077C (N.D. Tex. Aug. 28, 2009), ECF No. 1. The motion was denied, and the case was dismissed. Mr.
Patton filed the current Petition for Writ of Habeas Corpus (Doc. No. 1) in the Eastern District of
Arkansas on September 25, 2015, challenging his sentence in light of the United States Supreme
Court’s decision in Johnson v. United States, 135 S.Ct. 2551 (2015). After a thorough review of the
Petition, the Court finds that venue properly lies in the Northern District of Texas. Petitioner is
asking this Court to reduce his sentence. However, the sentencing court is the only court that has
jurisdiction to modify a sentence that it imposed. 28 U.S.C. § 2255.
Therefore, the Clerk of the Court shall immediately TRANSFER PETITIONER’S ENTIRE
CASE FILE to the Northern District of Texas, San Angelo Division, 33 East Twohig Avenue #202,
San Angelo, Texas 76903. All pending motions are denied as moot.
IT IS SO ORDERED this 17th day of December, 2015.

__________________________
JOE J. VOLPE
UNITED STATES MAGISTRATE JUDGE