Weathersbee v. Gray

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO : BERNARD WEATHERSBEE : CASE NO. 1:20-cv-01423 : Petitioner, : OPINION & ORDER : [Resolving Doc. 4] vs. : : DAVID GRAY, : : Respondent. : : JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: On June 29, 2020, Petitioner Weathersbee petitioned for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.1 On July 16, 2020, Weathersbee moved to transfer the case to the Southern District of Ohio.2 Petitioner Weathersbee says that his petition should be transferred because the jurisdiction in Southern District of Ohio is proper.3 In support of transfer he cites 18 U.S.C. § 3237 and this Court’s recent transfer order in , a § 1983 case.4 Neither the statute or the cited case concern jurisdiction over a state prisoner’s habeas action, so neither is applicable here.

When a state prisoner files a habeas action under § 2254 in a state that has more than one federal district court, the district in which he is in custody and the district within which his state-court of conviction resides share concurrent jurisdiction.5 Here, Petitioner Doc. 1.

2 Doc. 4.

3 at 2.

4 (citing , No. 5:20-cv-00981-JG (N.D. Ohio June 29, 2020), ECF No. 4). was convicted in the Trumbull County Court of Common Pleas.6 Trumbull County is within the Northern District of Ohio.7 Therefore, the Northern District of Ohio may exercise jurisdiction over Weathersbee’s habeas petition.

For the foregoing reasons, the Court DENIES Petitioner’s motion to transfer.

IT IS SO ORDERED.

Dated: July 23, 2020 JAMES S. GWIN UNITED STATES DISTRICT JUDGE

, 542 U.S. 426, 443, 447 (2004)).

6 Doc. 1 at 1.

7 , United States District Court, Northern District of Ohio,