Opinion
Case Number. 2:06-CV-10237.
February 22, 2006
ORDER TRANSFERRING AMENDED PETITION FOR WRIT OF HABEAS CORPUS TO UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN
On January 18, 2006, Petitioner Jodie James Lowery filed a "Motion to Amend Habeas Petition" and "First Amended Petition." Approximately two weeks after filing these documents, Petitioner filed a letter with the court stating that he mistakenly filed these documents in this court. He states that he intended to file them in the United States District Court for the Western District of Michigan, where a habeas corpus petition, filed on November 28, 2005, is currently pending. See Lowery v. Metrish, Case No. 2:05-cv-00278. Petitioner requests that the court transfer the documents filed in this court to the Western District Court.
The district in which a prisoner files a habeas petition, in the exercise of its discretion and in furtherance of justice, may transfer the petition to another district court for hearing and determination. 28 U.S.C. § 2241)d(. Because Petitioner filed these documents in error in this court, and the petition filed in the Western District was filed before the petition was filed in this court, the court shall grant Petitioner's request and transfer this matter to the Western District.
Accordingly, the court orders the Clerk of the Court to transfer the court file to the Western District of Michigan.