WALKER v. MCNEIL

Filing 4

ORDER: re 1 Petition for Writ of Habeas Corpus filed by HILBERT LEE WALKER. Case is TRANSFERRED to United States District Court for the Middle District of Florida, Jacksonville Division for all further proceedings. Signed by SENIOR JUDGE MAURICE M PAUL on 4/14/2010. (jws) [Transferred from flnd on 4/15/2010.]

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION HILBERT LEE WALKER, Petitioner, v. WALTER MCNEIL, Respondent. _____________________________/ ORDER This matter is before the Court on Doc. 1, a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, filed by Hilbert Lee Walker, and Doc. 2, Petitioner's motion for leave to proceed as a pauper. Petitioner is presently incarcerated in Santa Rosa Correctional Institution, Milton, Florida, within the Northern District. However, the Petition stems from a conviction and sentence imposed in Bradford County, Florida, within the Middle District. Jurisdiction is appropriate in either court, as the districts of confinement and conviction, respectively. 28 U.S.C. § 2241(d). The district of conviction would appear to be the most convenient for witnesses should an evidentiary hearing be necessary, and therefore, transfer of this case to the Middle District is appropriate. Mitchell v. Henderson, 432 F.2d 435, 436 (5th Cir. 1970) (division of conviction, where witnesses were located, was appropriate venue over division of confinement in challenge to conviction); Parker v. Singletary, 974 F.2d 1562, 1582 n.118 (11th Cir. 1992) (courts should give careful consideration to convenience of witnesses in transferring habeas corpus petitions under § 2241(d)). CASE NO. 1:10-cv-00053-MP-AK

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Accordingly, it is ORDERED AND ADJUDGED: That this case is TRANSFERRED to the United States District Court for the Middle District of Florida for all further proceedings. The Clerk is directed to immediately forward the file to that Court. DONE AND ORDERED this 14th day of April, 2010

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge

1:05cv196-MMP/AK