DANENBERG v. PHILBIN

M.D. Georgia

DANENBERG v. PHILBIN

DecidedSeptember 6, 2019

Docket5:19-cv-00356

StatusUnknown

This text of DANENBERG v. PHILBIN (DANENBERG v. PHILBIN) is published on Counsel Stack Legal Research, covering District Court, M.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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DANENBERG v. PHILBIN, (M.D. Ga. 2019).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION ROBERT ALLEN DANENBERG, ) Petitioner, v. CV419-202 EDWARD PHILBIN, Respondent. ORDER Robert Allen Danenberg seeks relief from his state conviction and

sentence pursuant to 28 U.S.C. § 2254. Seedoc.1. His petition reveals that he is incarcerated at Augusta State Medical Prison. Id. at 1. It further reveals that he was convicted in Jones County, Georgia. Id. at 2. This Court is, therefore, not the proper forum for his petition. Federal law allows § 2254 petitions to be filed in the district within which petitioner 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). Thus, this Court has jurisdiction over the petition.!

' The Clerk filed this as a Savannah Division case, but Columbia County lies in this Court’s Augusta Division. 28 U.S.C. § 90(c)(1). The issue is moot, however, because this action is transferred to the Middle District of Georgia.

Nevertheless, it is a longstanding judicial policy and practice to funnel such petitions into the district within which the state prisoner was convicted, since that will be the most convenient forum. Eagle v. Linahan, 279 F.3d 926, 9383 n. 9 (11th Cir. 2001); see also Mitchell v. Henderson, 4382 F.2d 435, 436 (5th Cir. 1970); see Wright, 263 F. App’x at 795. That practice also fosters an equitable distribution of habeas cases between the districts. Jones County lies in the Middle District of Georgia. See 28 U.S.C. § 90(b)(2). Accordingly, this case is TRANSFERRED to the United States District Court for the Middle District of Georgia for all further proceedings. See 28 U.S.C. § 1404(a) (permitting a district court

to transfer any civil action to another district or division where it may have been brought for the convenience of parties and witnesses and in the interest of justice); Rufus v. Kemp, 2013 WL 2659983 at * 1 (S.D. Ga. June 12, 2013). SO ORDERED, this 30th day of August, 2019. Chaguo~d [lat Christopher L. Ray United States Magistrate Judge Southern District of Georgia

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION ROBERT ALLEN DANENBERG, ) Petitioner, v. CV419-202 EDWARD PHILBIN, Respondent. ORDER Robert Allen Danenberg seeks relief from his state conviction and

sentence pursuant to 28 U.S.C. § 2254. Seedoc.1. His petition reveals that he is incarcerated at Augusta State Medical Prison. Id. at 1. It further reveals that he was convicted in Jones County, Georgia. Id. at 2. This Court is, therefore, not the proper forum for his petition. Federal law allows § 2254 petitions to be filed in the district within which petitioner 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). Thus, this Court has jurisdiction over the petition.!

' The Clerk filed this as a Savannah Division case, but Columbia County lies in this Court’s Augusta Division. 28 U.S.C. § 90(c)(1). The issue is moot, however, because this action is transferred to the Middle District of Georgia.

Nevertheless, it is a longstanding judicial policy and practice to funnel such petitions into the district within which the state prisoner was convicted, since that will be the most convenient forum. Eagle v. Linahan, 279 F.3d 926, 9383 n. 9 (11th Cir. 2001); see also Mitchell v. Henderson, 4382 F.2d 435, 436 (5th Cir. 1970); see Wright, 263 F. App’x at 795. That practice also fosters an equitable distribution of habeas cases between the districts. Jones County lies in the Middle District of Georgia. See 28 U.S.C. § 90(b)(2). Accordingly, this case is TRANSFERRED to the United States District Court for the Middle District of Georgia for all further proceedings. See 28 U.S.C. § 1404(a) (permitting a district court

to transfer any civil action to another district or division where it may have been brought for the convenience of parties and witnesses and in the interest of justice); Rufus v. Kemp, 2013 WL 2659983 at * 1 (S.D. Ga. June 12, 2013). SO ORDERED, this 30th day of August, 2019. Chaguo~d [lat Christopher L. Ray United States Magistrate Judge Southern District of Georgia

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