IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ATHENS DIVISION

RODNEY SHEPARD, : : Petitioner, : : VS. : : NO. 3:22-CV-60-CDL-CHW Warden MARTYALLEN, : : Respondent. : __________________________________

ORDER

Petitioner Rodney Shepard, a state prisoner currently confined in Calhoun State Prison in Morgan, Georgia, filed in the United States District Court for the Northern District of Georgia a

petition for writ of habeas corpus challenging his September 3, 2008 conviction in the Superior Court of Athens-Clarke County. ECF No. 1. He also moved to proceed in forma pauperis. ECF No. 2. The Northern District of Georgia transferred the action to this Court. ECF No. 4. Petitioner’s motion to proceed in forma pauperis (ECF No. 2) is DENIED AS MOOT. Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts requires the Court to screen a habeas petition prior to any answer or other pleading. This screening and a review of the Court’s records reveal that at the time this action was transferred to the Middle District of Georgia, Petitioner already had a

petition pending in this Court: Shepard v. Shaver, 3:22-cv-55-CAR-CHW (M.D. Ga. May 19, 2022). Efficient judicial administration generally requires the federal courts to avoid duplicative action. See Colo. River Water Conservation Dist. v. United States,

(1976). Thus, Petitioner cannot maintain two habeas actions challenging the same conviction. “[W]here a new pro se petition is filed before the adjudication of a prior petition is complete, the new petition should be construed as a motion to amend the pending

petition . . . .” Daker v. Toole,

, 235 (11th Cir. 2018) (per curiam) (citations omitted). It is, therefore, ORDERED that the

habeas petition filed in this action (ECF No. 1) be docketed in Shepard v. Shaver, 3:22-cv-55-CAR-CHW (M.D. Ga. May 19, 2022) as an amended petition and this action (Shepard v. Allen, 3:22-cv-60-CDL- CHW) be ADMINISTRATIVLEY CLOSED. SO ORDERED, this 2nd day of June, 2022.

S/Clay D. Land CLAY D. LAND U.S. DISTRICT COURT JUDGE MIDDLE DISTRICT OF GEORGIA