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Jurisdiction: Alabama Middle District Court
Decision Date: 7/2/2014

STATES

                                                                                                                                                                                                                                                                                                                                                                                                                            FEDERAL

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Smith v. Gordy Smith v. Gordy (M.D. Ala., 2014)

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        LINCOLN SMITH, # 286532, Petitioner,
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        v.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        CHRISTOPHER GORDY, et al Respondents.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Civil Action No. 2: 14cv627-WKW (WO)

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        July 2, 2014

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        LINCOLN SMITH, # 286532, Petitioner, v. CHRISTOPHER GORDY, et al Respondents.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Civil Action No. 2: 14cv627-WKW (WO)

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        July 2, 2014

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        RECOMMENDATION OF THE MAGISTRATE JUDGE

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                This cause is before the court on a pro se 28 U.S.C. § 2254 petition for habeas corpus relief filed about June 24, 2014, by Lincoln Smith ("Smith"), an Alabama inmate at Ventress Correctional Facility in Clayton. Doc. No. 1. Smith challenges his 2012 conviction in the Circuit Court of Tuscaloosa County for trafficking in marijuana in violation of § 13A-12-231, Ala. Code 1975. He was sentenced to 20 years in prison, split with 4 years to serve initially.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        DISCUSSION

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                This court, "in the exercise of its discretion and in furtherance of justice, " may transfer a petitioner's application for writ of habeas corpus to "the district court for the district within which the State court was held which convicted and sentenced the petitioner. " See 28 U.S.C. § 2241(d). Smith challenges a conviction and sentence entered by the Circuit Court of Tuscaloosa County, Alabama. Tuscaloosa County is located within the jurisdiction of the United States District Court for the Northern District of Alabama. Consequently, this court

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Page 2

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        concludes that the transfer of this case to such other court for hearing and determination is appropriate.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        CONCLUSION

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Accordingly, it is the RECOMMENDATION of the Magistrate Judge that this case be TRANSFERRED to the United States District Court for the Northern District of Alabama pursuant to the provisions of 28 U.S.C. § 2241(d).

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                It is further

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ORDERED that the parties are DIRECTED to file any objections to the said Recommendation on or before July 16, 2014. Any objections filed must specifically identify the findings in the Magistrate Judge's Recommendation to which the party is objecting. Frivolous, conclusive, or general objections will not be considered by the District Court. The parties are advised that this Recommendation is not a final order of the court and, therefore, it is not appealable.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Failure to file written objections to the proposed findings and recommendations in the Magistrate Judge's report shall bar the party from a de novo determination by the District Court of issues covered in the report and shall bar the party from attacking on appeal factual findings in the report accepted or adopted by the District Court except upon grounds of plain error or manifest injustice. Nettles v. Wainwright, 677 F.2d 404 (5th Cir. 1982); see Stein v. Reynolds Securities, Inc 667 F.2d 33 (11th Cir. 1982); see also Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981) (en banc), adopting as binding precedent all of the decisions

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Page 3

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        of the former Fifth Circuit handed down prior to the close of business on September 30, 1981.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Done this 2nd day of July, 2014.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                /s/ Wallace Capel, Jr.         WALLACE CAPEL, JR.         UNITED STATES MAGISTRATE JUDGE

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Cited By
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Cites
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Nettles v. Wainwright, 677 F.2d 404 (5th Cir., 1982)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Decision Date: 1982-05-17 Citations: 15
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Negative Treatment
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Notes

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