Kennedy v. Drew

Filing 4

ORDER directing the Clerk to TRANSFER the instant cause of action to the Northern District of Georgia re 1 Petition for Writ of Habeas Corpus filed by Tellas Levallas Kennedy. Signed by Magistrate Judge R. Stan Baker on 1/13/2017. (ca)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION
TELLAS LEVALLAS KENNEDY,
Petitioner,

CIVIL ACTION NO.: 6:16cv163

v.
WARDEN DREW,
Respondent.
ORDER
Petitioner Tellas Levallas Kennedy (“Kennedy”) filed a Petition for Writ of Habeas
Corpus pursuant to 28 U.S.C. § 2241. The record reflects that Kennedy paid the requisite $5.00
filing fee on December 14, 2016.

Kennedy is currently incarcerated at the United States

Penitentiary-Atlanta in Atlanta, Georgia, and names Warden Drew, the warden of USP Atlanta,
as the Respondent. This Court does not have jurisdiction over this petition, because Kennedy is
incarcerated outside of this District.

Instead, this case should have been docketed in the

Northern District of Georgia’s Atlanta Division rather than in this Court’s Statesboro Division.
28 U.S.C. § 90(a)(2); Ramirez v. Hastings, No. CV214-085, 2015 WL 1022363, at *2 (S.D. Ga.
Mar. 9, 2015) (“[A] habeas petition under section 2241 . . .

is filed in the district of

incarceration.”) (internal citation omitted). Accordingly, the Court DIRECTS the Clerk of
Court to TRANSFER the instant cause of action to the Northern District of Georgia.
SO ORDERED, this 13th day of January, 2017.

R. STAN BAKER
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA