Opinion
CASE NO. C02-2402C
January 31, 2003
ORDER OF TRANSFER
Petitioner Jason Dean Theroux has filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. ( See Dkt. No. 1.) He purports to challenge a criminal conviction entered in Montana. ( See id.) An application for a writ of habeas corpus, pursuant to § 2255, "shall not be entertained if it appears that the applicant has failed to apply for relief, by motion, to the court which sentenced him . . . ." 28 U.S.C. § 2255. Under the requirements of § 2255, it appears that petitioner should have filed his petition with the sentencing court, in this case the United States District Court for the District of Montana.
Accordingly, this case is TRANSFERRED to the United States District Court for the District of Montana, in the interests of justice, pursuant to 28 U.S.C. § 1631.
The Clerk is directed to close this case and transfer all original documents to the District of Montana. The Clerk shall, however, retain a copy of the petition and of this Order in the file. The Clerk is further directed to send a copy of this Order to petitioner at his place of confinement.