Luevano v. Clinton, et al

Filing 4

ORDER transferring case to the United States District Court for the Western District of Texas. (Written Opinion) Signed by Judge Susan Richard Nelson on 02/23/15. (SMD) (cc: Jaime Luevano) Modified text on 2/24/2015 (ALM).[Transferred from Minnesota on 2/24/2015.]

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA JAIME LUEVANO, Case No. 15-CV-0477 (SRN/FLN) Petitioner, v. ORDER HILLARY R. CLINTON, Ex Secretary of State; U.S. TEXAS JUDGES; STATE TEX. JUDGES; and HIGH RANK U.S. CONGRESS OFFICIALS, Respondents. Petitioner Jaime Luevano — a prisoner incarcerated in Kenedy, Texas — has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. See ECF No. 1. This Court has no authority to grant Luevano the relief he seeks, however, as he is not incarcerated in this District, but instead at a Texas state prison located in the Western District of Texas. See 28 U.S.C. § 2241(a). Indeed, this District appears to have no relation whatsoever to Luevano’s ongoing detention. Accordingly, the Court orders that this action be transferred to the United States District Court for the Western District of Texas for further consideration by a court of that district. See 28 U.S.C. § 1406(a) (“The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought.”). ORDER Based on the foregoing, and on all of the files, records, and proceedings herein, IT IS HEREBY ORDERED that this action be TRANSFERRED to the United States District Court for the Western District of Texas pursuant to 28 U.S.C. § 1406(a). Dated: February 23 , 2015 s/Susan Richard Nelson Susan Richard Nelson United States District Court Judge -2-

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