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)

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

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