Opinion
Civil Action 00-0267-RV-C.
April 17, 2000
REPORT AND RECOMMENDATION
Petitioner, an inmate at Fountain Correctional Facility in the Southern District of Alabama, filed a petition for habeas corpus relief under 28 U.S.C. § 2254 (Doc. 1) together with a Motion to Proceed Without Prepayment of Fees (Doc. 2). The petition states that Petitioner is challenging the validity of his convictions for arson, first degree; burglary, second degree; and theft, third degree, in Covington County, Alabama, and the resulting sentences. Covington County, Alabama, is located in the Middle District of Alabama.
Due to Petitioner being incarcerated at Fountain Correctional Facility in the Southern District, this Court has concurrent jurisdiction over this action with the United States District Court for the Middle District of Alabama. Braden v. 30th Judicial Cir. Ct. of Ky., 410 U.S. 484, 497-501, 93 S.Ct. 1123, 1131-32, 35 L.Ed.2d 443 (1973). This Court, however, may transfer this action pursuant to 28 U.S.C. § 2241 (d) "in the exercise of its discretion and in the furtherance of justice[.]" The United States District Court for the Middle District of Alabama is more familiar with the state courts within its district, and in the event that an evidentiary hearing becomes necessary, it is a more convenient forum. Id. at 493-494, 93 S.Ct. at 1129.
Based upon the foregoing reasons, it is recommended that, in the furtherance of justice, this action be transferred to the United States District Court for the Middle District of Alabama for further proceedings.
The attached sheet contains important information regarding objections to this Report and Recommendation.