Jackson v. Payne

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
TIMOTHY WADE JACKSON
ADC #078665 	PETITIONER
V. 	No. 4:25-cv-00399-LPR-ERE
DEXTER PAYNE, Director 	DEFENDANT
ORDER
Petitioner Timothy Jackson, an inmate at the Tucker Unit of the Arkansas
Division of Correction, has filed a petition for habeas relief under 28 U.S.C. § 2254,
along with a motion for leave to proceed in forma pauperis and a motion to appoint
counsel. Docs. 1-3. Mr. Jackson’s petition challenges his state-court conviction from
Miller County Circuit Court, which is in the Western District of Arkansas.
When a person is convicted and confined in a state with more than one federal
district, he may bring a habeas action in either the district of confinement or
conviction. 28 U.S.C. § 2241(d). “The district court for the district wherein such an
application is filed in the exercise of its discretion and in furtherance of justice may
transfer the application to the other district court for hearing and determination.” Id.
In furtherance of justice, Mr. Jackson’s challenge to his conviction should be
heard in the district of conviction, which is more convenient for both witnesses and
evidence, if necessary. Furthermore, Mr. Jackson repeatedly has raised similar issues
in the Western District of Arkansas, albeit improperly, under § 1983. See Jackson v.
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2
Jones, et al., No. 4:24-cv-04098-SOH-BAB (Oct. 7, 2024); Jackson v. Mitchel, et
al., No. 4:23-cv-04060-SOH-CDC (W.D. Ark. July 24, 2023); Jackson v. Adams, et
al., No. 4:23-cv-04006-SOH-CDC (March 27, 2023).
Accordingly, pursuant to 28 U.S.C. § 2241(d) and 28 U.S.C. § 1404(a), the
Clerk of the Court is directed to immediately TRANSFER this case to the United
States District Court for the Western District of Arkansas.
SO ORDERED 25 April 2025.
___________________________________
UNITED STATES MAGISTRATE JUDGE
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