Nelson, David v. State of Wisconsin

Filing 22

ORDER granting respondent Brian Foster's 21 Motion to Transfer to the United States District Court for Eastern District of Wisconsin. Signed by District Judge James D. Peterson on 2/9/2018. (jef),(ps)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN DAVID DARNELL NELSON, Petitioner, v. OPINION & ORDER 17-cv-311-jdp BRIAN FOSTER, Respondent. Pro se prisoner David Darnell Nelson is proceeding on a petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging his 2012 conviction for second-degree sexual assault of a child in the Circuit Court for Milwaukee County, Wisconsin. In response to the court’s order to show cause, the government has filed a motion to transfer the case to the Eastern District of Wisconsin. Prisoners bringing petitions under § 2254 “are required to file either in the district in which they are confined or in the district in which the court that sentenced them is located.” Bridges v. Chambers, 425 F.3d 1048, 1050 (7th Cir. 2005) (citing 28 U.S.C. § 2241(d)). In this case, the Eastern District of Wisconsin is where Nelson was sentenced and where he is incarcerated. Because improper venue is waivable in a habeas action, Moore v. Olson, 368 F.3d 757, 758 (7th Cir. 2004), the court does not consider venue when screening petitions. But now that the government has raised the objection and petitioner has not filed a response, I see no grounds for denying the motion to transfer. ORDER IT IS ORDERED that respondent Brian Foster’s motion to transfer venue to the United States District Court for the Eastern District of Wisconsin, Dkt. 21, is GRANTED. Entered February 9, 2018. BY THE COURT: /s/ ________________________________________ JAMES D. PETERSON District Judge 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?