IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

Eric R. Wilson,

Petitioner

v.

Warden, Ross Correctional Institution

Respondent

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Case No. 2:12-cv-0368

Judge Economus

Magistrate Judge Abel

Report and Recommendation

Petitioner Eric R. Wilson, a prisoner at the Ross Correctional Institution, brings

this action for writ of habeas corpus under 28 U.S.C. §2254. This matter is before the

Magistrate Judge for preliminary consideration under Rule 4, Rules Governing Section

2254 Cases in United States District Courts. 

The petition alleges Wilson was convicted of three counts of rape and two counts

of kidnaping in the Court of Common Pleas for Cuyahoga County, Ohio. He was

sentenced to a term of life in prison.

Cuyahoga County is within Ohio’s northern federal judicial district. Because

petitioner challenges the conviction of a state court within the Northern District of Ohio

but is in custody in the Southern District of Ohio, both districts have concurrent

jurisdiction over the action. 28 U.S.C. §2241(d).

This Court has the discretion to transfer this action to the Northern District for

hearing and determination. Id. A transfer to the Northern District is appropriate in this

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case because it is the more convenient forum and the evidence is more readily accessible

in the district where petitioner was convicted See, Bell v. Watkins, 692 F.2d 999, 1013 (5th

Cir. 1982), cert. denied, 464 U.S. 843 (1983); see also, Braden v. 30th Judicial Circuit Court of

Ky., 410 U.S. 484, 497 n.13 (1973).

Accordingly, the Magistrate Judge RECOMMENDS that this action be

TRANSFERRED o the United States District Court for the Northern District of Ohio at

Cleveland.

Petitioner's motion for leave to proceed in forma pauperis is GRANTED. It is

ORDERED that petitioner be allowed to prosecute his action without prepayment of

fees or costs and that judicial officers who render services in this action shall do so as if

the costs had been prepaid.

The Clerk of Court is DIRECTED to mail or email a copy of this Order to the

Attorney General of Ohio, Corrections Litigation Section, 150 E. Gay St., 16th Floor,

Columbus, OH 43215.

If any party objects to this Report and Recommendation, that party may, within

fourten (14) days, file and serve on all parties a motion for reconsideration by the Court,

specifically designating this Report and Recommendation, and the part thereof in

question, as well as the basis for objection thereto. 28 U.S.C. §636(b)(1)(B); Rule 72(b),

Fed. R. Civ. P.

The parties are specifically advised that failure to object to the Report and

Recommendation will result in a waiver of the right to de novo review by the District

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Judge and waiver of the right to appeal the judgment of the District Court. Thomas v.

Arn, 474 U.S. 140, 150-52 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). See

also, Small v. Secretary of Health and Human Services, 892 F.2d 15, 16 (2d Cir. 1989). 

s/Mark R. Abel 

United States Magistrate Judge 

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