Donahoe v. Stanton

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
JACK DONAHUE, 	)
)
Petitioner, 	)
)
vs. 	) 	Case No. 2:25-CV-0074 SPM
)
CLAY STANTON, 	)
)
Respondent. 	)
OPINION, MEMORANDUM AND ORDER OF TRANSFER
Petitioner, who is presently incarcerated at Northeast Correctional Center (NECC) in Pike
County, Missouri, filed a signed petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
For the following reasons, the Court will transfer this case to the United States District Court for
the Western District of Missouri.
In January of 2017, petitioner was charged with statutory sodomy in the first degree with
a person under the age of 14, in the Circuit Court of Buchanan County, Missouri. State v. Donahoe,
No. 18SL-CR00070-01 (29th Jud. Cir., Jasper County Court). On June 12, 2017, petitioner pled
guilty and was sentenced to a term of twenty years of imprisonment in the Missouri Department
of Corrections. Id. This is the judgment petitioner challenges in his § 2254 action currently before
the Court.
Buchanan County is in the Western District of Missouri. 28 U.S.C. § 105(b)(3). NECC,
where petitioner is currently incarcerated, is in the Eastern District of Missouri, Northern Division.
28 U.S.C. § 105(a)(2). Pursuant to 28 U.S.C. § 2241(d), the district courts for the Eastern District
of Missouri and the Western District of Missouri have concurrent jurisdiction to hear this case. In
circumstances such as this, the district court in which the petition was originally filed may, in the
exercise of its discretion and in the furtherance of justice, transfer the case to the other district for
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hearing and determination. Id. In addition, 28 U.S.C. § 1404(a) provides that a district court, for
the convenience of the parties and witnesses and in the interest of justice, may transfer any civil
action to any other district or division where it might have been brought.
Transfer of this action is appropriate because petitioner’s constitutional claims are based
upon a conviction entered in a circuit court located within the Western District of Missouri, the
relevant records are located there, and if hearings are required, the Western District of Missouri
would be more convenient for witnesses. In addition, the Court entered an administrative order
stating that, absent any unusual circumstances, any habeas petition challenging a conviction or
sentence arising out of a proceeding in the Western District of Missouri should be transferred to
that district. In re Business of the Court, January 27, 1986. As such, the Court will therefore order
that this case be transferred to the United States District Court for the Western District of Missouri.
Accordingly,
IT IS HEREBY ORDERED that the Clerk of Court shall TRANSFER this case to the
United States District Court for the Western District of Missouri. See 28 U.S.C. § 2241(d).
IT IS FURTHER ORDERED that petitioner’s motion for leave to proceed in forma
pauperis [ECF No. 2] is provisionally granted subject to modification by the United States
District Court for the Western District of Missouri.
IT IS FURTHER ORDERED that petitioner’s motion for appointment of counsel [ECF
No. 4] is DENIED without prejudice. Petitioner may renew his motion in the United States
District Court for the Western District of Missouri if he so chooses.
Dated this 28th day of October, 2025.
HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE
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