WELCH v. MICKENS

Filing 11

ORDER denying 8 Motion for Reconsideration (in letter form). Signed by Magistrate Judge G. R. Smith on 11/1/16. (Copy mailed to plaintiff at Pulaski State Prison, PO Box 839, Hawkinsville, GA 31036-0839.) (jlm)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
MARIA DAPHNE WIGGINS )
WELCH,
)
Petitioner,
v.

CV416-271

SUE MICKENS,
Respondent.

ORDER
After the United States District Court for the Middle District of
Georgia transferred petitioner’s 28 U.S.C. § 2254 case to this Court (she
was convicted in a county within this district), doc. 7, she (by letter)
moved for reconsideration. 1 Doc. 8.
A petitioner may seek federal habeas relief from a state-court
conviction either in the United States district court for the district where
she is incarcerated or for the district where the state court that convicted
1

Welch’s letter suggests several possible alternative constructions. Doc. 8 at 2
(letter should be construed, inter alia., as “Motion Venue To be changed [sic],” or
“Motion Interlocutory Appeals for immediate review [sic]”). For the reasons
explained below, transfer to this Court was proper, and Welch has not raised any
colorable claim to the contrary. Regardless of construction, therefore, her motion is
DENIED .

her is located. 28 U.S.C. § 2241(d). When the petitioner makes her
election, the chosen district court has discretion to transfer the case to
the other district having jurisdiction. Id. Georgia district courts have a
longstanding policy that state prisoners’ habeas petitions should be
addressed by the district where the convicting court is located. Doc. 4
(citing Eagle v. Linahan , 279 F.3d 926, 933 n. 9 (11th Cir. 2001)). The
transferor Court here properly exercised its discretion on that score.
Welch objects to the transfer because she (mistakenly) believes her
case is heading back to the Superior Court of Chatham County. Doc. 8 at
2 (objecting to transfer to “Savannah Georgia Division ‘Southern
District’ Chatham County Superior Court where the [alleged] fraud took
place,” and to transfer “back to a court that violation [sic] took place”).
In fact, her case has not been transferred that court. Hence, her
reconsideration motion is DENIED . Doc. 8

SO ORDERED , this 1st day of November, 2016.

UN11ED STATES MAGI[STRA[E JUDGE
SOUTHERN DISTRICT OF GEORGIA

2