-JCL McClanahan v. State of Montana et al, No. 9:2011cv00092 - Document 3 (D. Mont. 2011)

Court Description: MEMORANDUM OPINION AND ORDER FOR TRANSFER by Chief Judge Bruce D. Black transferring this case to the U.S. District Court for the District of Montana. Terminated document(s): 2 MOTION for Leave to Proceed in forma pauperis. Related document(s): 1 Motion for 2254 Relief. (an) [Transferred from nmd on 6/24/2011.]
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO SHANE McCLANAHAN, Applicant, v. No. CV 11-0552 BB/RHS STATE OF MONTANA, Respondent. MEMORANDUM OPINION AND ORDER FOR TRANSFER This matter is before the Court, sua sponte under rule 4 of the Rules Governing Section 2254 Cases, for preliminary consideration of Applicant s Application For Writ Of Habeas Corpus Pursuant To 28 U.S.C. § 2254. The application challenges a judgment entered against Applicant in a Montana state criminal proceeding, although Applicant is now incarcerated in New Mexico. Because Montana would provide the more convenient forum for adjudicating Applicant s claims, see Braden v. 30th Judicial Circuit Court, 410 U.S. 484, 499 n.15 (1973); and see Dunn v. United States Parole Comm n, 818 F.2d 742, 744 (10th Cir. 1987) ( only in the most formal sense does [a New Mexico custodian] control whether [Applicant] is released ), this proceeding will be transferred to the United States District Court for the District of Montana. See 28 U.S.C. §§ 1404(a), 106. IT IS THEREFORE ORDERED that the Clerk is directed to transfer this case to the United States District Court for the District of Montana. ___________________________________ UNITED STATES DISTRICT JUDGE