Humphrey v. Owens et al

Filing 4

ORDERED that the Clerk is directed to transfer this case to the Middle District of Georgia for all further proceedings. Signed by Magistrate Judge G. R. Smith on 12/5/2013. (loh) [Transferred from gasd on 12/6/2013.]

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
KEVIN HUMPHREY,
Petitioner,
Case No. CV413-182

V.

COMMISSIONER BRIAN OWENS
and GEORGIA DEPARTMENT OF
CORRECTIONS,
Respondents.

ORDER
Kevin Humphrey has filed a petition for writ of habeas corpus
challenging the conditions of his state probation. (Doc. 1.) Those
conditions were imposed by the Superior Court of Houston County,
Georgia following Humphrey's conviction for child molestation in 2003.
(Id. at 2.)
Houston County lies within the jurisdiction of the United States
District Court for the Middle District of Georgia. 28 U.S.C. § 90(b)(2).
Federal law permits a state prisoner's habeas petition to be filed in the
district within which he was convicted or in the district within which he
is confined. 28 U.S.C. § 2241(d); Wright v. Indiana, 263 F. App'x 794,

795 (11th Cir. 2008). As Humphrey now resides in Savannah, both this
Court and the Middle District concurrently hold jurisdiction over the
case. It is, however, the long-standing policy and practice in the United
States district courts in this Circuit to cause all such petitions to be filed
in or transferred to the district within which the state prisoner was
convicted, since that will be the most convenient forum.

Mitchell v.

Henderson, 432 F.2d 435, 436 (5th Cir. 1970); see Wright, 263 F. App'x at
795 (citing Byrd v. Martin, 754 F.2d 963, 965 (11th Cir. 1985)). This
practice also fosters an equitable distribution of habeas cases between
the districts of this state.
As the Court concludes that the Middle District would be the better
forum for resolving this matter, the Clerk is DIRECTED to transfer this
case 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).
SO ORDERED this

day of December, 2013.
UNITEIJ SfATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA