Slaughter v. Davis

Filing 3

ORDER transferring the 1 Petition for Writ of Habeas Corpus filed by Kenneth Lawrence Slaughter to the United States District Court for the Northern District of Georgia. Signed by Magistrate Judge G. R. Smith on 12/2/14. (wwp)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

KENNETH LAWRENCE
SLAUGHTER,
Petitioner,
Case No. CV414-262

V.

WARDEN WALT DAVIS,
Respondent.

ORDER
Kenneth Slaughter, who is detained at the Hall County
Correctional Institution in Gainesville, Georgia, has filed a habeas
petition under 28 U.S.C. § 2254. (Doe. 1.) He attacks a DeKalb County
conviction and sentence for aggravated stalking, burglary, and criminal
damage to property. This case must be transferred to the United States
District Court for the Northern District of Georgia.

Federal law permits a state prisoner's habeas 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.
App'x 794, 795 (11th Cir. 2008). Slaughter is neither detained in this
district nor is he attacking a local conviction or sentence. Both Hall and
DeKalb Counties lie within the Northern District's jurisdiction.

28

U.S.C. § 90. Since this case has absolutely no ties to this District, the
Clerk is DIRECTED to transfer this case to the Northern District of
Georgia for all further proceedings.
SO ORDERED this

day of December, 2014.

UNITED SATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA