Holmes v. State of Florida

Filing 3

ORDER re 1 Petition for Writ of Habeas Corpus filed by RICKIE L HOLMES. Case TRANSFERRED to Middle District of Florida, Tampa Division for all further proceedings. Signed by MAGISTRATE JUDGE GARY R JONES on 3/10/2011. (jws) [Transferred from flnd on 3/11/2011.]

Holmes v. State of Florida

Doc. 3

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION RICKIE L. HOLMES, Petitioner, v. STATE OF FLORIDA, Respondent. _____________________________/ ORDER This case is before the Court on Doc. 1, a petition for a writ of habeas corpus. Petitioner is incarcerated at Blackwater River Correctional Institution and challenges his conviction in the Sixth Judicial Circuit Court of Pinellas County, Florida. Jurisdiction is therefore appropriate in either this district or in the United States District Court for the Middle District of Florida, 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. See Mitchell v. Henderson, 432 F.2d 435, 436 (5th Cir. 1970); Parker v. Singletary, 974 F.2d 1562, 1582, n. 118 (11th Cir. 1992). Accordingly, it is ORDERED: That this case is hereby TRANSFERRED to the Middle District of Florida for all further proceedings. DONE AND ORDERED this 10th day of March 2011. CASE NO. 1:11-cv-00044-MP -GRJ

s/Gary R. Jones
GARY R. JONES United States Magistrate Judge

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