Walker v. G.D.C. Offender Administration et al

Filing 3

ORDER directing the Clerk to transfer this case to the Northern District of Georgia. Signed by Magistrate Judge G. R. Smith on 11/12/15. (bcw) [Transferred from Georgia Southern on 11/12/2015.]

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION
DERRICK WAYNE WALKER, JR,

)

)

Petitioner,

)

)

V.

)

)

G.D.C. OFFENDER
ADMINISTRATION, et al.,

Case No. CV615-129

)

)

)

Respondents.

)

ORDER
Derrick Wayne Walker, Jr.' has filed a "Petition of Truth, Facts
and Relief" on a home-brewed filing (i.e., not a court-issued 28 U.S.C. §
2254 form petition or 42 U.S.C. § 1983 form complaint). Doc. 1.
Incarcerated at Smith State Prison (see attached Georgia Department of
Corrections rap sheet), he unmistakably challenges his conviction by
invoking things like "The Foreign Services Immunities Act of 1976," a
"1959 Executive Order," and international treaties.

1

Id. at 5, 6.

Walker filed this case using the name "Derrick Walker" and the docket caption so
reflects that. However, there are multiple Derrick Walkers in the Georgia prison
system and two before this Court, so the Court has amended the caption to reflect his
full name as reflected on the attached GA DOC rap sheet. The Clerk is DIRECTED
to amend the docket caption accordingly, and all subsequent filings shall conform.

Normally the Court would send him a § 2254 form petition and Castro
warning, 2 then remind that it does not tolerate "Trojan Horse" filings.'
However, he unquestionably challenges a DeKalb County, Georgia

2

Since the Court is not acting on his present filing, no "Castro" warning is required.
See Castro v. United States, 540 U.S. 375, 382-83 (2003) (court that wishes to
recharacterize pro se litigant's pleading as first 28 U.S.C. § 2255 motion must (1)
notify litigant of court's intent, (2) warn litigant that recharacterization means that
subsequent § 2255 motion will be subject to restrictions on "second or successive"
motions, and (3) give litigant opportunity to withdraw motion or to amend it to
include all § 2255 claims). Castro applies to § 2254 petitions and to any filing that in
substance is a § 2254 petition -- if reached on the merits. Compare Smith v. Hobbs,
490 F. App'x 833, 833 (8th Cir. 2012) (state prisoner was entitled to proper notice,
warnings, and opportunity to withdraw his pleadings before his pro se § 1983 action
challenging his sentence was recharacterized as habeas petition); with Jones v.
O'Neal, 2012 WL 6084650 at * 1 (S.D. Ga. Dec. 6, 2012) (no Castro warning needed
since petitioner had failed to exhaust state remedies, thus warranting dismissal
without prejudice); cited in Alexander v. Georgia, 2015 WL 2255130 at * 1 n. 1 (S.D.
Ga. May 15, 2015) (no Castro warning needed "because the Court would not be
reaching his petition on the merits, only on procedural grounds.").
As it recently explained:
[T]he Court rejects any attempt by an inmate to advance a habeas claim using
a "Trojan Horse" cover claim under § 1983 or, as is evident here, a facially
absurd claim premised on a statute arbitrarily plucked out of the federal code.
See Miller v. Williams, 2011 WL 1898921 at * 1 (S.D. Ga. May 17, 2011)
(advising dismissal of a "successive 28 U.S.C. § 2254 petition masquerading as
an "Application for Leave for an Executive Clemency Hearing"); see also id. at
* 2 (sanctioning abusive habeas filer, and citing, inter alia, Alexander V. United
States, 121 F.3d 312 ) 315-16 (7th Cir. 1997) (imposing, inter alia, a $500
sanction on a pro se inmate raising frivolous arguments in support of a third
successive 28 U.S.C. § 2255 motion, and instituting "paper-less review" of any
future collateral attack filings)), adopted, 2011 WL 2181628 (S.D. Ga. Jun. 2,
2011); Capers v. Missouri, 2011 WL 2600560 at * 2 (S.D. Ga. June 10, 2011)
(dismissing a successive habeas petition where the petitioner "deceitfully
advanced" it "via [a] lie of omission").

Williams v. Freeseman, CV415-265, doe. 4 (S.D. Ga. Oct. 15, 2015).
2

conviction, and that county is within the Northern District of Georgia, 28
U.S.C. § 90(b)(1). Federal law allows his 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. Appx 794,
795 (11th cir. 2008). But even though this Court and the Northern
District concurrently have jurisdiction to hear this case, it is
longstanding judicial policy and practice to funnel such petitions into the
conviction district, 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. That also fosters an equitable distribution of habeas
cases between the districts.
The Court therefore concludes that this case should be transferred
to the Northern District of Georgia. Hence, it DIRECTS the Clerk to
transfer this case to that district 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).

3

SO ORDERED this

day of November, 2015.

UNITED(SI4ATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

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WALKER, DERRICK WAYNE JR
CDC ID: 0000803935

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PHYSICAL DESCRIPTION

YOB:
RACE:
GENDER:
HEIGHT:
WEIGHT:
EYE COLOR:
HAIR COLOR:

1978
BLACK
MALE
5'lO"
160
BROWN
BLACK

SCARS, MARKS, TATTOOS

INCARCERATION DETAILS

MAJOR OFFENSE:
MOST RECENT INSTITUTION:
MAX POSSIBLE RELEASE
DATE:
Paroles website.

VOLUNTARY MANSLAUGHTER
SMITH STATE PRISON
01/31/2027 Important Release Information
For parole information please go to Georgia State Board of Pardons and

ACTUAL RELEASE DATE:
CURRENT STATUS:

CURRENTLY SERVING
ACTIVE

KNOWN ALIASES

A.K.A.
A.K.A.
A.KA.

WALKER,DERRICK
WALKER,DERRICK D
WALKER,DERRICK WAYNE

STATE OF GEORGIA - CURRENT SENTENCES

CASE NO: 649427
OFFENSE:
CONVICTION COUNTY:
CRIME COMMIT DATE:
SENTENCE LENGTH:

VOLUNTARY MANSLAUGHTER
DEKALB COUNTY
02/01/2007
20 YEARS, 0 MONTHS, 0 DAYS

STATE OF GEORGIA - PRIOR SENTENCES

CASE NO: 521804
OFFENSE:
CONVICTION COUNTY:
CRIME COMMIT DATE:
SENTENCE LENGTH:
CASE NO: 521804
OFFENSE:
CONVICTION COUNTY:
CRIME COMMIT DATE:
SENTENCE LENGTH:
CASE NO: 334494
OFFENSE:
CONVICTION COUNTY:
CRIME COMMIT DATE:
SENTENCE LENGTH:

CRMNL DAMAGE 2ND DEGREE
DEKALB COUNTY
01/28/2003
2 YEARS, 0 MONTHS, 0 DAYS
POSS FIREARM CONVCT FELON
DEKALB COUNTY
01/15/2000
2 YEARS, 0 MONTHS, 0 DAYS
ARMED ROBBERY
DEKALB COUNTY
03/12/1994
5 YEARS, 0 MONTHS, 0 DAYS

STATE OF GEORGIA - INCARCERATION HISTORY

INCARCERATION BEGIN INCARCERATION END
ACTIVE
02/06/2008
07/06/2004
07/22/2003

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INCARCERATION BEGIN INCARCERATION END
03/25/1999
12/11/1995
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