Schwindler v. Holt

Filing 12

ORDER denying 11 Motion for order transferring case to Northern District. Signed by Magistrate Judge G. R. Smith on 1/3/17. (jlm)

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UNITED

STATES

DISTRICT

COURT...
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SOUTHERN DISTRICT OF GEORG]^

SAVANNAH DIVISION

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FRANK JOSEPH SCHWINDLER,
Petitioner,
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CV416-189

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AHMED HOLT,Warden
Respondent.
ORDER

On November 18, 2016, the Court directed the State to respond to
petitioner's Motion to Transfer. Doc. 10. When no response was filed,
petitioner filed a "Request for Order Transferring Case to Northern
District." Doc. 11. However, due to clerical error, the Court's original

Order was never served on the State. Since it was never served, its
failure to respond is not, as petitioner suggests, "acquiescence to the
transfer." Id. Accordingly, petitioner's "Request," doc. 11,is DENIED.

Beginning December 1, 2015, the Attorney General for the State of
Georgia has agreed to accept electronic service of § 2254 petitions on
behalf of respondents, effective upon the entry of an Order directing a
1