Henderson v. Bishop et al

Filing 3

ORDER transferring case to USDC, Middle District of GA. Clerk shall administratively close this action. Signed by Judge Robert C. Jones on 8/26/14. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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KEITH HENDERSON,

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Petitioner,

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vs.

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Case No. 3:14-cv-00419-RCJ-WGC

BISHOP, et al.,

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ORDER

Respondents.

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Petitioner, who is a prisoner at the Wheeler Correctional Facility in Alamo, Georgia, has

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submitted an application for writ of habeas corpus. Petitioner alleges that he is challenging a

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judgment of conviction of the Early County Superior Court in Blakely, Georgia.

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This court does not have jurisdiction over respondents. Petitioner is in custody in the Dublin

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Division of the Southern District of Georgia, and the county where his judgment of conviction was

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entered is in the Albany Division of the Middle District of Georgia. Petitioner needed to commence

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this action in either of those two districts. See 28 U.S.C. § 2241(d). Based upon this court’s

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interpretation of the Southern District of Georgia’s instructions for habeas corpus petitions, the

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practice appears to be that petitioner needed to file his petition in the Middle District of Georgia,

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where he was convicted.

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The allegations in the petition are vague, and it is not clear whether petitioner actually is

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challenging the validity of his custody. Out of an abundance of caution for the operation of the one-

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year period of limitation of 28 U.S.C. § 2244(d)(1), the court will transfer this action to the Albany

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Division of the Middle District of Georgia. See 28 U.S.C. § 1631.

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IT IS THEREFORE ORDERED that the clerk of the court shall transfer this action to the

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United States District Court for the Middle District of Georgia, Albany Division, 201 W. Broad

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Ave., Albany, GA 31701.

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IT IS FURTHER ORDERED that the clerk of the court shall administratively close this
action.
Dated: August 26, 2014.

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_________________________________
ROBERT C. JONES
United States District Judge

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