JACKSON v. STATE OF GEORGIA et al

Filing 5

ORDER transferring the #1 Petition for Writ of Habeas Corpus filed by William R. Jackson to the United States District Court for the Middle District of Georgia, Macon Division for further proceedings. Signed by Magistrate Judge Brian K. Epps on 3/4/25. (wwp) [Transferred from gasd on 3/5/2025.]

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION
WILLIAM R. JACKSON,
Petitioner,
v.
GREGORY SAMPSON,
Respondent.1

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CV 325-008

ORDER
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Petitioner, while incarcerated at Wheeler Correctional Facility in Alamo, Georgia, filed
this petition pursuant to 28 U.S.C. § 2241 2 on January 30, 2025, but did not pay the $5.00
filing fee or move to proceed in forma pauperis (“IFP”) as required by 28 U.S.C. § 1914. That
same day, the Clerk of Court sent Petitioner a deficiency notice concerning the need for an IFP
motion or payment of the filing fee. (Doc. no. 2.) On February 7, 2025, the Clerk of Court

The Court DIRECTS the CLERK, to update the docket in accordance with the above caption to
reflect the warden at Petitioner’s current prison as the Respondent. See Rumsfeld v. Padilla, 542 U.S. 426,
434-35 (2004) (explaining proper respondent in § 2241 case is warden of institution where the petitioner is
confined).
1

The Court notes Plaintiff’s filing requests relief under “28 U.S.C. § 2254 and/or § 2241.” (Doc.
no. 1, p. 4.) However, because Petitioner claims he is not in custody pursuant to a judgment of conviction,
the Court construes his petition as arising under § 2241 for purposes of transferring this action. (See id. at
1); see also United States v. Russell, 994 F.3d 1230, 1240 & n.9 (11th Cir. 2021) (recognizing Court’s
obligation to “look beyond the label of a pro se inmate’s motion to determine if it is cognizable under a
different statutory framework: and, if so, recharacterize the motion based on the substance of the filing and
the relief sought” (internal citations and quotation marks omitted)). The Court leaves to the receiving
jurisdiction to consider whether re-characterization warnings under Castro v. United States, 540 U.S. 375,
381-83 (2003), are warranted under the current circumstances.
2

docketed a notice of change of address dated January 30, 2025 – the same day his petition was
filed in this Court – in which Plaintiff states he was transferred from Wheeler Correctional
Facility to Macon State Prison. (Doc. no. 3.) Thereafter, Petitioner filed a motion to proceed
IFP and confirmed receipt of the January 30th deficiency notice. (Doc. no. 4.)
The proper venue for 28 U.S.C. § 2241 petitions is the district of incarceration. 28
U.S.C. § 2241(d); Fernandez v. United States, 941 F.2d 1488, 1495 (11th Cir. 1991).
Therefore, because Petitioner is currently incarcerated in Macon County, Georgia, 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. 3 The Court DIRECTS the Clerk to
immediately forward the file to that District.
SO ORDERED this 4th day of March, 2025, at Augusta, Georgia.

For Petitioner’s information, the mailing address for the Macon Division of the Middle District
of Georgia is: U.S. District Court, P.O. Box 128, Macon, GA 31202.
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