JACKSON v. FULTON STATE HOSPITAL, 4:13-CV-1061-RWS. (2013)
Court: District Court, E.D. Missouri
Number: infdco20130613a51
Visitors: 4
Filed: Jun. 11, 2013
Latest Update: Jun. 11, 2013
Summary: MEMORANDUM AND ORDER OF TRANSFER RODNEY W. SIPPEL, District Judge. This matter is before the Court on petitioner's motion to proceed in forma pauperis. The Court will grant the motion on a provisional basis. Additionally, the Court will transfer this case to the United States District Court for the Western District of Missouri. Petitioner, a Missouri state prisoner, seeks a writ of habeas corpus under 28 U.S.C. 2254. Petitioner is incarcerated in the Western District of Missouri, and petit
Summary: MEMORANDUM AND ORDER OF TRANSFER RODNEY W. SIPPEL, District Judge. This matter is before the Court on petitioner's motion to proceed in forma pauperis. The Court will grant the motion on a provisional basis. Additionally, the Court will transfer this case to the United States District Court for the Western District of Missouri. Petitioner, a Missouri state prisoner, seeks a writ of habeas corpus under 28 U.S.C. 2254. Petitioner is incarcerated in the Western District of Missouri, and petiti..
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MEMORANDUM AND ORDER OF TRANSFER
RODNEY W. SIPPEL, District Judge.
This matter is before the Court on petitioner's motion to proceed in forma pauperis. The Court will grant the motion on a provisional basis. Additionally, the Court will transfer this case to the United States District Court for the Western District of Missouri.
Petitioner, a Missouri state prisoner, seeks a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner is incarcerated in the Western District of Missouri, and petitioner's conviction arose in the Western District of Missouri.
Because petitioner's incarceration and conviction both lie in the Western District of Missouri, this Court lacks jurisdiction over the petition. However, rather than dismiss this action, the Court finds that it is in the interest of justice to transfer it to the United States District Court for the Western District of Missouri under 28 U.S.C. § 1631.
Accordingly,
IT IS HEREBY ORDERED that petitioner's motion to proceed in forma pauperis is provisionally GRANTED, subject to modification by the United States District Court for the Western District of Missouri.
IT IS FURTHER ORDERED that the Clerk shall transfer this case to the United States District Court for the Western District of Missouri. 28 U.S.C. § 1631.
Source: Leagle
