Sanz-Carver v. Oklahoma County District Court

United States District Court, Oklahoma Eastern

Sanz-Carver v. Oklahoma County District Court

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA KYLE SANZ-CARVER, ) ) Petitioner, ) ) v. ) CIV-24-218-RAW-GLJ ) OKLAHOMA COUNTY ) DISTRICT COURT, ) ) Respondent. ) OPINION AND ORDER Petitioner, a pro se prisoner who is incarcerated at the Cleveland County Jail in Norman, Oklahoma, has filed a petition for a writ of habeas corpus pursuant to

28 U.S.C. § 2254

. (Dkt. 1). A review of the petition indicates Petitioner is challenging the charges pending against him in Oklahoma County District Court Case No. CF-2023-927.

Id. at 1

. “[A] a state court defendant attacking his pretrial detention should bring a habeas petition pursuant to the general grant of habeas authority contained within

28 U.S.C. § 2241

.” Walck v. Edmondson,

472 F.3d 1227, 1235

(10th Cir. 2007) (citations omitted). Therefore, the petition shall be treated as arising under

28 U.S.C. § 2241

. A prisoner’s § 2241 petition must be filed in the district where the petitioner is confined. See Montez v. McKinna,

208 F.3d 862, 865

(10th Cir. 2000) (citing Bradshaw v. Story,

86 F.3d 164, 166

(10th Cir. 1996)). Petitioner is incarcerated in Cleveland County, Oklahoma, which is located within the territorial jurisdiction of the United States District Court for the Western District of Oklahoma. See

28 U.S.C. § 116

(c). When a case is filed in the wrong district, the Court “shall dismiss, or if it be in the interest of justice, transfer such case to any district in which it could have been brought.”

28 U.S.C. § 1406

(a). The Court finds that in the furtherance of justice, this matter may more properly be addressed in the Western District of Oklahoma. ACCORDINGLY, 1. This action is construed as arising under

28 U.S.C. § 2241

. 2. Pursuant to

28 U.S.C. § 2241

(d), this action is transferred to the United States District Court for the Western District of Oklahoma for all further proceedings. IT IS SO ORDERED this 12th day of July 2024.

2

Reference

Status
Unknown