Raker v. Coleman

United States District Court for the Southern District of Georgia

Raker v. Coleman

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION DUSTIN H. RAKER, ) Petitioner, v. CV420-114 JEFF COLEMAN, Warden, Respondent. ORDER Dustin Raker seeks relief from his state conviction and sentence pursuant to

28 U.S.C. § 2254

. Seedoc.1. His petition reveals that he is incarcerated at Ware State Prison. Jd. at 1. It further reveals that he

was convicted in Cobb County, Georgia.

Id.

This Court is, therefore, not the proper forum for his petition. Federal law allows § 2254 petitions to be filed in the district within which petitioner was convicted or in the district within which he is confined.!

28 U.S.C. § 2241

(d); Wright v. Indiana,

263 F. App’x 794, 795

(11th Cir. 2008). Thus, this Court has jurisdiction over the petition.

' Ware State Prison lies in this Court’s Waycross Division. See

28 U.S.C. § 90

(c)(4). Since it is transferred to the Northern District of Georgia, the issue is moot.

Nevertheless, it is a longstanding judicial policy and practice to funnel such petitions into the district within which the state prisoner was convicted, since that will be the most convenient forum. Eagle v. Linahan,

279 F.3d 926

, 9383 n. 9 (11th Cir. 2001); see also Mitchell v. Henderson,

4382 F.2d 435

, 436 (5th Cir. 1970); see Wright,

263 F. App’x at 795

. That practice also fosters an equitable distribution of habeas cases between the districts. Cobb County lies in the Northern District of Georgia. See

28 U.S.C. § 90

(a)(2). Accordingly, this case is TRANSFERRED to the United States District Court for the Northern 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); Rufus v. Kemp,

2013 WL 2659983

at * 1 (S.D. Ga. June 12, 2013). SO ORDERED, this 26th day of May, 2019. Af tor. le oont r L. Ray ( United States Magistrate Judge Southern District of Georgia

Reference

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