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Lenon v. Williams

United States District Court, S.D. Georgia, Savannah Division

October 14, 2014

JASON LENON, Petitioner,
v.
WARDEN STANLEY WILLIAMS, Respondent.

ORDER

G.R. SMITH, Magistrate Judge.

Jason Lenon is currently confined in Smith State Prison, in Glennville, Georgia (hence, in this District). Doc. 1. He has filed a 28 U.S.C. § 2254 petition attacking a Lowndes County conviction, and that county lies within the Middle District of Georgia. 28 U.S.C. § 90(b)(6.)[1] In such situations, jurisdiction exists concurrently in both the district of confinement and the district in which the conviction under attack was entered. Wright v. Indiana, 263 F.Appx. 794, 795 (11th Cir. 2008). However, "[t]he most convenient forum will often be the district in the state whose conviction is being attacked, and a transfer of the case to that district is permissible, but not required." Id. (citing Byrd v. Martin, 754 F.2d 963, 965 (11th Cir. 1985) (emphasis added)); Eagle v. Linahan, 279 F.3d 926, 933 n. 9 (11th Cir. 2001) ("The practice of the district courts in Georgia is to transfer habeas petitions filed in the district where the petitioner is confined to the district where the petitioner was convicted.").

Having considered petitioner's filing, the Court concludes that the Middle District would be the better forum for resolving this matter. Hence, this case should be TRANSFERRED to the Middle District of Georgia for all further proceedings. See 28 U.S.C. § 1404(a) (permitting a district court to transfer any civil action to another district or division where it may have been brought for the convenience of parties and witnesses and in the interest of justice).

SO ORDERED.


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