McGriggs v. Crowell, No. 3:2019cv00151 - Document 15 (E.D. Tenn. 2019)
Court Description: MEMORANDUM AND OPINION as set forth in following order. Signed by District Judge Pamela L Reeves on 9/27/19. (c/m to James E. McGriggs #440793, NECX. 5249 Highway 67 West, P.O. Box 5000, Mountain City, TN 37683-5000)(ABF)
Download PDF
<![CDATA[
McGriggs v. Crowell Doc. 15 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE JAMES E. MCGRIGGS, Petitioner, v. GEORGIA CROWELL, Respondent. ) ) ) ) ) ) ) ) ) No.: 3:19-cv-00151 REEVES/GUYTON MEMORANDUM OPINION Now before the Court is a pro se prisoner’s petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 in which Petitioner challenges a criminal judgment against him in the McNairy County Criminal Court in Selmer, Tennessee [Doc. 2 p. 1] Under 28 U.S.C. § 2241(d), a petitioner may file a habeas corpus petition in the district where his judgment was entered or in the district where he is incarcerated. Petitioner is presently confined in the Northeast Correctional Complex (“NECX”) in Mountain City, Tennessee, and his judgment of conviction was entered by a state court in McNairy County, Tennessee. NECX is located in Johnson County, Tennessee, which is in the Eastern District of Tennessee. See 28 U.S.C. § 123(a)(2). McNairy County, the situs of Petitioner’s conviction, lies within the Eastern Division of the Western District of Tennessee, however. See 28 U.S.C. § 123(c)(1). Thus, venue for this § 2254 petition is proper in both the Eastern and Western Districts of Tennessee. A petitioner’s place of confinement may change, however, while the district of his conviction will remain constant. Accordingly, the consistent practice in the Tennessee federal courts is to transfer habeas petitions to the district in which the convicting court is located. Dockets.Justia.com As the Court is authorized to transfer a case such this to another District “in the interest of justice,” 28 U.S.C. § 1406(a), the Clerk will be DIRECTED to transfer this action to the Eastern Division of the United States District Court for the Western District of Tennessee and to close this Court’s file. SO ORDERED. ENTER: ___________________________________________ CHIEF UNITED STATES DISTRICT JUDGE 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
