Opinion
CIV-23-807-D
10-13-2023
JARED M. TROTTER, Petitioner, v. STEVEN HARPE, Respondent.
ORDER
TIMOTHY D. DeGIUSTI Chief United States District Judge
Petitioner, Jared M. Trotter, appearing pro se, sought habeas relief from a state court conviction, pursuant to 28 U.S.C. § 2254. The matter was referred to United States Magistrate Judge Shon T. Erwin for initial proceedings consistent with 28 U.S.C. § 636(b)(1)(B) and (C).
On September 22, 2023, the magistrate judge issued a Report and Recommendation [Doc. No. 6], in which he recommends the transfer of this action to the United States District Court for the Eastern District of Oklahoma, where jurisdiction also existsbecause Petitioner is challenging a conviction from a state court located in that judicial district. See 28 U.S.C. § 2241(d). The magistrate judge explained that the “federal district courts in Oklahoma have had a longstanding policy favoring transferring habeas actions to the district of conviction” because “in the event of any hearing, trial records, trial counsel for the prosecution and for Petitioner, as well as any necessary witnesses are more likely to be available in the district where the prosecution took place.” See Report and Recommendation, at 2-3.
Jurisdiction exists in this Court because Petitioner is incarcerated in Lawton, Oklahoma. See 28 U.S.C. § 2241(d).
Petitioner was expressly informed of his right to object to the Report, the procedure for doing so, and the consequences of failing to object. Petitioner has neither timely objected nor sought additional time to do so.
Accordingly, the Court ADOPTS the magistrate judge's Report and Recommendation [Doc. No. 6]. In the interest of justice, the Court TRANSFERS this case to the United States District Court for the Eastern District of Oklahoma for all further proceedings.
IT IS SO ORDERED this 12th day of October, 2023.