Thompson v. Holloway et al
| Anthony Thompson |
| James Holloway and Attorney General of Tennessee, Herbert Slatery, III |
| 3:2021cv00261 |
| March 26, 2021 |
| U.S. District Court for the Middle District of Tennessee |
| Eli J Richardson |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
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| Document Text |
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Filing 6
ORDER DISMISSING CASE: Petitioner Anthony Thompson, an inmate of the Lois DeBerry Special Needs Facility in Nashville, Tennessee, filed a pro se petition under 28 U.S.C. 2254 for a writ of habeas corpus challenging his conviction and sentence for first degree murder for which he is serving a sentence of life imprisonment in the Tennessee Department of Correction. ( #1 at 1). Petitioner also filed an application to proceed in forma pauperis #2 and a motion for the appointment of counsel #3 . It appears from Petitioner's application that he does not have sufficient financial resources to pay the filing fee. Therefore, Petitioner's application #2 is GRANTED. Under 28 U.S.C. 2241(d), a habeas petitioner may file in either the judicial district where a petitioner was convicted or the judicial district where he is currently incarcerated. Therefore, venue for this action is proper in both the Western and Middle Districts of Tennessee. However, a petitioner's place of confinement may change from time to time while the district of his convictions will remain constant. For this reason, it has been the consistent practice in the federal courts of Tennessee to transfer habeas petitions to the judicial district in which the convicting court is located. In this case, the Western District is the district of Petitioner's conviction. Accordingly, the Clerk SHALL transfer this action the United States District Court for the Western District of Tennessee, Western Division. 28 U.S.C. 123(c)(2). All future submissions by Petitioner shall be filed in that Court. Petitioner's motion for the appointment of counsel #3 will be handled by the transferee court. Signed by District Judge Eli J. Richardson on 4/16/2021. (xc: Pro se party by regular mail.) (kc)
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| ***This action has been electronically transferred to the United States District Court for the Western District of Tennessee, Western Division on this date.*** (kc) Modified on 4/16/2021 (kc). |
| NOTICE of Case transferred from Tennessee Middle has been opened in Western District of Tennessee as case 2:21-cv-02244, filed 04/16/2021. (bs) |
| TN State Bar status verified as active for Nicholas S. Bolduc admitted to this court. (kc) |
| Filing 4 NOTICE of Appearance by Nicholas S. Bolduc on behalf of James Holloway (Bolduc, Nicholas) |
| Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (kc) |
| Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form included). (kc) |
| Filing 5 MOTION to Appoint Counsel by Anthony Thompson. (kc) |
| Filing 2 APPLICATION for Leave to Proceed In Forma Pauperis by Anthony Thompson. (kc) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Anthony Thompson.(kc) |
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