Shapley v. Thomas et al (INMATE 3)

Filing 7

ORDERED that the Petitioner's 6 Objections are OVERRULED, the court ADOPTS the 5 Recommendation of the Magistrate Judge, and this case is TRANSFERRED to the USDC for the Northern District of Alabama. Signed by Honorable Judge W. Harold Albritton, III on 6/30/2011. (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION

SHAUN GLOVIS SHAPLEY, #263566,
Petitioner,
vs.
KIM THOMAS, et al.,
Respondents.

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CIVIL ACTION NO. 2:11cv413-WHA
(WO)

ORDER
This case is before the court on the Recommendation of the Magistrate Judge (Doc. #5)
and the Petitioner’s Objections thereto (Doc. #6).
The Magistrate Judge recommends that this case be transferred to the U. S. District Court
for the Northern District of Alabama, and the Petitioner objects on the basis that it would be
more convenient for him to prosecute this case in the Middle District, since he is housed in a
prison in Bullock County and has other civil litigation pending in Montgomery County Circuit
Court. Following a de novo review, the court agrees with the Magistrate Judge that cases such as
this are required to be filed in the federal district court for the jurisdiction where the state court
conviction occurred, and that the Petitioner has shown no legal cause that this should not be
enforced. Therefore, it is hereby
ORDERED that the Petitioner’s objections are OVERRULED, the court ADOPTS the
Recommendation of the Magistrate Judge, and this case is TRANSFERRED to the United States
District Court for the Northern District of Alabama.

The clerk is DIRECTED to take appropriate steps to effect the transfer.
DONE this 30th day of June, 2011.

/s/ W. Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE