Filing 3

ORDER transferring the 1 Petition for Writ of Habeas Corpus filed by Rodney Gene Hopkins to the Middle District of Georgia. Signed by Magistrate Judge G. R. Smith on 1/19/17. (wwp) [Transferred from gasd on 1/19/2017.]

Download PDF
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION RODNEY GENE HOPKINS, Petitioner, CV417-004 v. BENJAMIN FORD, Warden, Respondent. ORDER Rodney Hopkins is a prisoner housed at the Calhoun State Prison in Morgan County, Georgia, for crimes committed in Morgan County, Georgia. Doc. 1; see Georgia Department of Corrections Inmate Locator, http://www.dcor.state.ga.us/ GDC/OffenderQuery/. He has filed a petition for writ of habeas corpus, alleging there was insufficient evidence proffered at trial to sustain his conviction for child molestation and statutory rape. Doc. 1 at 1-8. It is unclear why he chose to file his § 2254 petition in this judicial district, since he was convicted and is incarcerated in the Middle District of Georgia. See 28 U.S.C. § 90(b)(1) (Morgan County is in the Athens Division of the Middle District). In fact, a docket search of that district reveals at least one habeas proceeding already in progress. See Hopkins v. Strayberry , No. 3:16-cv-031 (challenging his same Morgan County conviction for child molestation and statutory rape). The Southern District of Georgia has no jurisdiction over Hopkins’ duplicative habeas challenge. This case is therefore TRANSFERRED to the Middle District of Georgia for all further proceedings. See 28 U.S.C. § 1404(a) (permitting a district court to transfer any civil action to another district or division where it may have been brought for the convenience of parties and witnesses and in the interest of justice); Rufus v. Kemp , 2013 WL 2659983 at * 1 (S.D. Ga. June 12, 2013). SO ORDERED, this 19th day of January, 2017. UNITED STATES MAGISTRATE JUDGE SOUTI-IER}'T DISTRICT OF GEORGIA 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?