Wise v. Price et al (INMATE 3)

Filing 8

ORDER transferring this case to the United States District Court for the Southern District of Alabama pursuant to the provisions of 28 U.S.C. § 2241(d). Signed by Honorable Judge Truman M. Hobbs on 12/21/2011. (br, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
JERRY C. WISE, # 138450,

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Petitioner,
v.
CHERYL PRICE, et al.,
Respondents.

Civil Action No. 2:11cv1089-TMH
(WO)

ORDER
This cause is before the court on a pro se 28 U.S.C. § 2254 petition for habeas corpus
relief filed by state Inmate Jerry C. Wise (“Wise”). (Doc. No. 1.) In his petition, Wise
challenges his murder conviction and the resulting sentence imposed in December 2007 by
the Circuit Court of Dallas County, Alabama.
This court, “in the exercise of its discretion and in furtherance of justice,” may transfer
a petitioner’s application for writ of habeas corpus to “the district court for the district within
which the State court was held which convicted and sentenced [the petitioner].” See 28
U.S.C. § 2241(d). Wise challenges a conviction and sentence entered against him by the
Circuit Court of Dallas County, Alabama. Dallas County is located within the jurisdiction
of the United States District Court for the Southern District of Alabama. In light of the
foregoing, the court concludes that the transfer of this case to such other court for hearing
and determination is appropriate.

Accordingly, it is
ORDERED that this case is TRANSFERRED to the United States District Court for
the Southern District of Alabama pursuant to the provisions of 28 U.S.C. § 2241(d).
Done this 21 st day of December, 2011.

/s/ Truman M. Hobbs
SENIOR UNITED STATES DISTRICT JUDGE

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