SHORES v. LANDRUM

Filing 4

ORDER re 1 Petition for Writ of Habeas Corpus filed by JEFFERY D SHORES: Case is TRANSFERRED to Middle District of Florida, Ocala Division for all further proceedings. Clerk is directed to close the file. Signed by MAGISTRATE JUDGE GARY R JONES on 6/13/2011. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
JEFFERY D. SHORES,
Petitioner,
v.

CASE NO. 4:11-cv-246-RH-GRJ

SEC’Y, DEPT. OF CORRECTIONS,
Respondent.
___________________________/
ORDER
This case is before the Court on Doc. 1, a Petition Under 28 U.S.C. § 2254 For
Writ of Habeas Corpus By a Person in State Custody. Petitioner, who is incarcerated at
Jefferson Correctional Institution, within this District, challenges his conviction entered
in the Circuit Court for the Fifth Judicial Circuit Court in and for Marion County, Florida.
Jurisdiction is, therefore, appropriate either in 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 Middle District of Florida, the district of
conviction, would appear to be the district that is 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)(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

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witnesses in transferring habeas corpus petitions under § 2241(d))
Accordingly, upon due consideration, it is ORDERED:
That this case is hereby TRANSFERRED to the Middle District of Florida for all
further proceedings. The Clerk is directed to close the file.
DONE AND ORDERED this 13th day of June 2011.

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

4:11cv246RH/GRJ