TERRELL v. DOZIER et al

Filing 4

ORDER transferring to the Middle District of Georgia, Macon Division. Signed by Chief Judge J. Randal Hall on 12/06/2017. (jlh) [Transferred from gasd on 12/6/2017.]

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

WILLIE JAMES TERRELL, JR.,
Petitioner,
CV 117-159

v.

GREGORY DOZIER, Commissioner; D.O.C;
W.A.S.P.; SAMUEL S. OLENS, A.G.; T.J.
CONLEY, Warden; KARL FORT, Deputy

Warden of Security; STEVEN WILLIAMS,
Administrative Segregation Unit Manager;
and CHRIS CARR, A.G.,

Respondents.

ORDER

Petitioner requests federal habeas corpus relief under 28 U.S.C. § 2254, challenging
disciplinary proceedings conducted at Washington State Prison in Davisboro, Georgia, which
is located in the Middle District of Georgia. (Doc. no. 1.) Petitioner filed a similar petition

on August 21, 2017 seeking what appears to be identical relief, and this Court transferred

that petition to the Middle District of Georgia. See Terrell v. Conlev et al„ CV 117-101, doc.
nos. 1, 3 (S.D. Ga. Aug. 21, 2017). That case is still pending in the Middle District. See
Terrell v. Conlev et al„ CV 517-324 (M.D. Ga. Aug. 21, 2017).
While the Court is hesitant to characterize the nature of Petitioner's claim, venue is

proper in the Middle District regardless of whether the petition is properly characterized

under § 2241 or § 2254 because it is the practice of this Court to transfer an action to the
district in which the original proceedings were conducted. See 28 U.S.C. § 2241(d); see also

Fernandez v. United States. 941 F.2d 1488, 1495 (11th Cir. 1991) (explaining § 2241

petitions are properly brought in the district of incarceration); Bell v. Watkins, 692 F.2d 999,
1013 (5th Cir. 1982) (approving transfer of § 2254 petition from district of incarceration to

district where petitioner was convicted). Therefore, the Court ORDERS the transfer of this
action to the United States District Court for the Middle District of Georgia, Macon Division,

for further consideration and DIRECTS the Clerk to immediately forward the file to that
District.

SO ORDERED this

fe>

day of December, 2017, at Augusta, Georgia.

J. RANDAL HALL, CHIEF JUDGE

UNITED^STATES DISTRICT COURT
iRN DISTRICT OF GEORGIA