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    Walker v. Calbone Et Al - Document No. 8

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    REPORT AND RECOMMENDATION recommending that the 1 Petition for Writ of Habeas Corpus filed by Lydell R Walker be transferred to the USDC for the ND/OKLA and granting Petitioner's 7 MOTION for Order filed by Lydell R Walker to transfer case to the ND/OKLA. Objections to R&R due by 6/5/2006. This R&R disposes of all issues referred by the District Judge in this matter. Signed by Judge Valerie K. Couch on 5/16/06. (ch, ) 5:2006cv00504 Oklahoma Western District Court

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    Walker v. Calbone Et Al - Document No. 8

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    REPORT AND RECOMMENDATION recommending that the 1 Petition for Writ of Habeas Corpus filed by Lydell R Walker be transferred to the USDC for the ND/OKLA and granting Petitioner's 7 MOTION for Order filed by Lydell R Walker to transfer case to the ND/OKLA. Objections to R&R due by 6/5/2006. This R&R disposes of all issues referred by the District Judge in this matter. Signed by Judge Valerie K. Couch on 5/16/06. (ch, ) 5:2006cv00504 Oklahoma Western District Court

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    Walker v. Calbone et al - Document No. 8

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    REPORT AND RECOMMENDATION recommending that the 1 Petition for Writ of Habeas Corpus filed by Lydell R Walker be transferred to the USDC for the ND/OKLA and granting Petitioner's 7 MOTION for Order filed by Lydell R Walker to transfer case to the ND/OKLA. Objections to R&R due by 6/5/2006. This R&R disposes of all issues referred by the District Judge in this matter. Signed by Judge Valerie K. Couch on 5/16/06. (ch, ) 5:2006cv00504 Oklahoma Western District Court

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    28 views3 pages

    Walker v. Calbone Et Al - Document No. 8

    Uploaded by

    Justia.com
    REPORT AND RECOMMENDATION recommending that the 1 Petition for Writ of Habeas Corpus filed by Lydell R Walker be transferred to the USDC for the ND/OKLA and granting Petitioner's 7 MOTION for Order filed by Lydell R Walker to transfer case to the ND/OKLA. Objections to R&R due by 6/5/2006. This R&R disposes of all issues referred by the District Judge in this matter. Signed by Judge Valerie K. Couch on 5/16/06. (ch, ) 5:2006cv00504 Oklahoma Western District Court

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    Walker v. Calbone et al Doc.

    8
    Case 5:06-cv-00504-F Document 8 Filed 05/16/2006 Page 1 of 3

    IN THE UNITED STATES DISTRICT COURT FOR THE


    WESTERN DISTRICT OF OKLAHOMA

    LYDELL R. WALKER, )
    Petitioner, )
    v. ) Case No. CIV-06-504-F
    )
    SAM CALBONE, WARDEN, )
    Respondent. )

    REPORT AND RECOMMENDATION

    Petitioner, a state prisoner, brings this action pursuant to 28 U.S.C. § 2254 seeking a

    writ of habeas corpus. Petitioner filed his Petition in this Court on May 8, 2006.1 On

    May 11, 2006, Petitioner filed a Request to Transfer Action [Doc. #7] stating that he wishes

    to transfer his action to the Northern District of Oklahoma.

    In this action, Petitioner challenges his conviction in the District Court of Creek

    County, Oklahoma, in Case No. CF-2001-0096. He is presently incarcerated at Great Plains

    Correctional Facility in Hinton, Oklahoma.

    Since Petitioner attacks his conviction in the District Court of Creek County located

    within the Northern District of Oklahoma, and since he is in custody at Great Plains

    Correctional Facility located within the Western District of Oklahoma, both federal district

    courts have jurisdiction to entertain Petitioner’s habeas corpus petition. 28 U.S.C. § 2241(d).

    1
    In response to Petitioner’s Motion for Leave to Proceed In Forma Pauperis and Supporting
    Affidavit, this Court’s Order of May 9, 2006 [Doc. #6], advised Petitioner to either pay his $5 filing
    fee in full or provide additional information showing his inability to pay by May 29, 2006. In light
    of Petitioner’s recent filing of his Request to Transfer Action, it is recommended Petitioner’s Motion
    for Leave to Proceed In Forma Pauperis and Supporting Affidavit [Doc. #2] be transferred along
    with the Petition for further proceedings.

    Dockets.Justia.com
    Case 5:06-cv-00504-F Document 8 Filed 05/16/2006 Page 2 of 3

    Pursuant to 28 U.S.C. § 2241(d), the district court for the district in which a habeas petition

    is filed, in the exercise of its discretion and in furtherance of justice, may transfer the petition

    to the other district for hearing and determination.

    It has been a longstanding policy of this Court and the United States District Court for

    the Northern District of Oklahoma that justice is normally better served by the adjudication

    of the case in the district where the conviction was obtained, since that is where the trial court

    officials and records are located, where trial counsel for the prosecution and for the petitioner

    are ostensibly available and where any necessary witnesses usually reside in the event an

    evidentiary hearing is necessary. Transportation of Petitioner to any hearing in the Northern

    District would be a modest expense for state and/or federal officials when compared to the

    costs of an evidentiary hearing in Oklahoma City. For these reasons, this case should be

    transferred to the Northern District of Oklahoma.

    RECOMMENDATION

    In the interest of justice and upon balancing the convenience of the forums, it is

    recommended that Petitioner’s Request to Transfer Action [Doc. #7] be granted and this case

    be transferred to the United States District Court for the Northern District of Oklahoma

    pursuant to 28 U.S.C. § 2241(d).

    2
    Case 5:06-cv-00504-F Document 8 Filed 05/16/2006 Page 3 of 3

    NOTICE OF RIGHT TO OBJECT

    Petitioner is advised of his right to object to this Report and Recommendation. See

    28 U.S.C. § 636. Any objections must be filed with the Clerk of the District Court by

    June 5th , 2006. See LCvR72.1. Petitioner is further advised that failure to make timely

    objection to this Report and Recommendation waives his right to appellate review of the

    factual and legal issues addressed herein. Moore v. United States, 950 F.2d 656 (10th Cir.

    1991).

    STATUS OF REFERRAL

    This Report and Recommendation disposes of all issues referred by the District Judge

    in this matter.

    ENTERED this 16th day of May, 2006.

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