Livas v. Vannoy et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
GLEN LIVAS 	CIVIL ACTION
VERSUS 	NO. 26-441
DARREL VANNOY, ET AL. 	SECTION: “J(1)
ORDER AND REASONS
Petitioner, Glen Livas, filed the instant federal application seeking habeas corpus relief
pursuant to 28 U.S.C. § 2254 in the United States District Court for the Eastern District of
Louisiana. However, this Court lacks jurisdiction over the matter.
“An action under § 2254 may be filed in either the district court for the district wherein
such person is in custody or in the district court for the district within which the State court was
held which convicted and sentenced him.” 	Brian R. Means, Federal Habeas Manual § 1:103
(June 2025 Update) (quotation marks omitted). “In the event the state or federal prisoner files his
motion or petition in the wrong federal jurisdiction – one that fails to satisfy the territorial
jurisdiction rule – the district court is authorized to transfer the motion or petition to the
appropriate federal judicial district.” Id. § 1:107.
Livas is not in custody in this judicial district, and he was not convicted or sentenced in
this judicial district. He is incarcerated in Angola, Louisiana, and he is challenging a conviction
obtained in a state court in the Parish of East Baton Rouge. The Parish of East Baton Rouge is
located within the boundaries of the United States District Court for the Middle District of
Louisiana. 	28 U.S.C. § 98(b). 	Therefore, in the interest of justice, this matter should be
transferred to that district. See 28 U.S.C. §§ 1406(a) and 1631.
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Accordingly,
IT IS ORDERED that this matter be TRANSFERRED to the United States District
Court for the Middle District of Louisiana.
New Orleans, Louisiana, this _______ day of March, 2026.
__________________________________________
JANIS VAN MEERVELD
UNITED STATES MAGISTRATE JUDGE
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