LENON v. WILLIAMS

Filing 13

ORDER transferring this case to the Middle District of Georgia. Signed by Magistrate Judge G. R. Smith on 10/14/14. (bcw) [Transferred from gasd on 10/14/2014.]

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
JASON LENON,

)

)

Petitioner,

)

)

)

Case No. CV414-137

)

WARDEN STANLEY WILLIAMS,

)

)

Respondent.

)

ORDER
Jason Lenon is currently confined in Smith State Prison, in
Glennville, Georgia (hence, in this District). Doc. 1. He has filed a 28
U.S.C. § 2254 petition attacking a Lowndes County conviction, and that
county lies within the Middle District of Georgia. 28 U.S.C. § 90(b)(6).'
In such situations, jurisdiction exists concurrently in both the district of
confinement and the district in which the conviction under attack was
entered.

Wright v. Indiana, 263 F. App'x 794, 795 (11th Cir. 2008).

However, "[t]he most convenient forum will often be the district in the
state whose conviction is being attacked, and a transfer of the case to
that district is permissible, but not required." Id. (citing Byrd v. Martin,
1

He has also paid the filing fee.

754 F.2d 963 7 965 (11th Cir. 1985) (emphasis added)); Eagle v. Linahan,
279 F.3d 926 7 933 n. 9 (11th Cir. 2001) ("The practice of the district
courts in Georgia is to transfer habeas petitions filed in the district
where the petitioner is confined to the district where the petitioner was
convicted.").
Having considered petitioner's filing, the Court concludes that the
Middle District would be the better forum for resolving this matter.
Hence, this case should be 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).
SO ORDERED this /I/ day of October, 2014.

UNITED IRTAfES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA