Terrell v. Dozier et al
ORDER transferring this action to the U.S. 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. Signed by Chief Judge J. Randal Hall on 12/06/2017. (thb)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
GREGORY DOZIER; T J. CONLEY;
KARL FORT; SAMUEL S. OLENS;
STEVEN WILLIAMS; MR. FNU
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).
Venue is proper in the Middle District regardless of whether the petition is properly
characterized under § 2241 or § 2254. 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 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
(&^ day ofDecember, 2017, at Augusta, Georgia.
J. RAKELStrHALL, CHIEF JUDGE^
UNITED S5TATES DISTRICT COURT
iRN DISTRICT OF GEORGIA
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