Harris v. Rogers

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
OLLIE DEWAYNE HARRIS, JR., 	)
)
Petitioner, 	)
)
v. 	) 	Case No. CIV-26-18-D
)
DAVID ROGERS, 	)
)
Respondent. 	)
ORDER
Petitioner, Ollie Dewayne Harris, Jr., 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 January 13, 2026, the magistrate judge issued a Report and Recommendation
[Doc. No. 7], in which he recommends the transfer of this action to the United States
District Court for the Northern 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
1 Jurisdiction exists in this Court because Petitioner is incarcerated in Lawton, Oklahoma.
See 28 U.S.C. § 2241(d).
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for the prosecution and for Petitioner, as well as any necessary witnesses are more likely
to be available in the district where the prosecution took place.” [Doc. No. 7, at 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. 7]. In the interest of justice, the Court TRANSFERS this case
to the United States District Court for the Northern District of Oklahoma for all further
proceedings.
IT IS SO ORDERED this 5 th day of February, 2026.
. DeGIUSTI
Chief United States District Judge
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