Trotter v. Harpe

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
JARED M. TROTTER, 	)
)
Petitioner, 	)
)
v. 	) 	Case No. CIV-23-807-D
)
STEVEN HARPE, 	)
)
Respondent. 	)
ORDER
Petitioner, Jared M. Trotter, appearing pro se, sought habeas relief from a state court
conviction, pursuant to 28 U.S.C. § 2254. The matter was referred to United States
Magistrate Judge Shon T. Erwin for initial proceedings consistent with 28 U.S.C. §
636(b)(1)(B) and (C).
On September 22, 2023, the magistrate judge issued a Report and Recommendation
[Doc. No. 6], in which he recommends the transfer of this action to the United States
District Court for the Eastern District of Oklahoma, where jurisdiction also exists1 because
Petitioner is challenging a conviction from a state court located in that judicial district. See
28 U.S.C. § 2241(d). The magistrate judge explained that the “federal district courts in
Oklahoma have had a longstanding policy favoring transferring habeas actions to the
district of conviction” because “in the event of any hearing, trial records, trial counsel for
the prosecution and for Petitioner, as well as any necessary witnesses are more likely to be
1 Jurisdiction exists in this Court because Petitioner is incarcerated in Lawton, Oklahoma.
See 28 U.S.C. § 2241(d).
6:23-cv-00348-JFH-GLJ Document 7 Filed in ED/OK on 10/12/23 Page 1 of 2

available 	in 	the 	district 	where 	the 	prosecution 	took 	place.” 	See 	Report 	and
Recommendation, at 2-3.
Petitioner was expressly informed of his right to object to the Report, the procedure
for doing so, and the consequences of failing to object. Petitioner has neither timely
objected nor sought additional time to do so.
Accordingly, 	the 	Court 	ADOPTS 	the 	magistrate 	judge’s 	Report 	and
Recommendation [Doc. No. 6]. In the interest of justice, the Court TRANSFERS this case
to the United States District Court for the Eastern District of Oklahoma for all further
proceedings.
IT IS SO ORDERED this 12th day of October, 2023.
. DeGIUSTI
Chief United States District Judge
6:23-cv-00348-JFH-GLJ Document 7 Filed in ED/OK on 10/12/23 Page 2 of 2