Gibson v. Bickham

E.D. Louisiana

Gibson v. Bickham

DecidedDecember 8, 2023

Docket2:23-cv-07269

StatusUnknown

This text of Gibson v. Bickham (Gibson v. Bickham) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gibson v. Bickham, (E.D. La. 2023).

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aa UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION

CLARENCE OTIS GIBSON #366576,, CIVIL DDOCKET NNO. 5:23--CV--00861 PPlaintiff SSEC P

VERSUS JUDGE TERRY A. DOUGHTY

E DUSTIN BICKHAM,, MAGISTRATE JUDGE PEREZ--MONTES DDefendants

TRANSFER ORDER Before the Court is a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254 filed by pro se Petitioner Clarence Otis Gibson (“Gibson”). Gibson is incarcerated at Dixon Correctional Institute in Jackson, Louisiana. He challenges a conviction and sentence imposed in the 24th Judicial District Court, Gretna, Louisiana. Because this Court lacks jurisdiction, the Petition will be TRANSFERRED. I. Background

Gibson was convicted of sexual battery and sentenced to 25 years of imprisonment. , 09-486, p. 2 (La.App. 5 Cir. 3/9/10); 38 So.3d 373, 374, , 2010-0802 (La. 11/5/10); 50 So.3d 814. He challenges the conviction and resulting sentence. II. Law and Analysis Jurisdiction over an action brought pursuant to § 2254 is proper where an inmate is confined, or where the conviction was obtained. 28 U.S.C. § 2241(d); Wadsworth v. Johnson, 235 F.3d 959, 961-62 (5th Cir. 2002). Within the context of § 2241(d), courts have traditionally held that the most appropriate venue for challenges to the legality of a conviction is in the district court for the district where the state conviction and sentence occurred, while challenges to the implementation of the sentence, such as prison disciplinary matters, should be considered in the district court for the district where such person is in custody. Story v. Collins, 920 F.2d 1247, 1250-51 (5th Cir. 1991). Dixon is incarcerated within the Middle District of Louisiana, and he was convicted in Jefferson Parish, which is in the Eastern District of Louisiana. III. Conclusion Accordingly, IT IS ORDERED that Gibson’s § 2254 Petition be and is hereby TRANSFERRED to the United States District Court for the Eastern District of Louisiana for further review. SIGNED on Friday, December 8, 2023. “Ht JOSEPH H.L. PEREZ-MONTES UNITED STATES MAGISTRATE JUDGE

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aa UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION

CLARENCE OTIS GIBSON #366576,, CIVIL DDOCKET NNO. 5:23--CV--00861 PPlaintiff SSEC P

VERSUS JUDGE TERRY A. DOUGHTY

E DUSTIN BICKHAM,, MAGISTRATE JUDGE PEREZ--MONTES DDefendants

TRANSFER ORDER Before the Court is a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254 filed by pro se Petitioner Clarence Otis Gibson (“Gibson”). Gibson is incarcerated at Dixon Correctional Institute in Jackson, Louisiana. He challenges a conviction and sentence imposed in the 24th Judicial District Court, Gretna, Louisiana. Because this Court lacks jurisdiction, the Petition will be TRANSFERRED. I. Background

Gibson was convicted of sexual battery and sentenced to 25 years of imprisonment. , 09-486, p. 2 (La.App. 5 Cir. 3/9/10); 38 So.3d 373, 374, , 2010-0802 (La. 11/5/10); 50 So.3d 814. He challenges the conviction and resulting sentence. II. Law and Analysis Jurisdiction over an action brought pursuant to § 2254 is proper where an inmate is confined, or where the conviction was obtained. 28 U.S.C. § 2241(d); Wadsworth v. Johnson, 235 F.3d 959, 961-62 (5th Cir. 2002). Within the context of § 2241(d), courts have traditionally held that the most appropriate venue for challenges to the legality of a conviction is in the district court for the district where the state conviction and sentence occurred, while challenges to the implementation of the sentence, such as prison disciplinary matters, should be considered in the district court for the district where such person is in custody. Story v. Collins, 920 F.2d 1247, 1250-51 (5th Cir. 1991). Dixon is incarcerated within the Middle District of Louisiana, and he was convicted in Jefferson Parish, which is in the Eastern District of Louisiana. III. Conclusion Accordingly, IT IS ORDERED that Gibson’s § 2254 Petition be and is hereby TRANSFERRED to the United States District Court for the Eastern District of Louisiana for further review. SIGNED on Friday, December 8, 2023. “Ht JOSEPH H.L. PEREZ-MONTES UNITED STATES MAGISTRATE JUDGE

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