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Jurisdiction: Alabama Middle District Court
Decision Date: 12/15/2016

STATES

                                                                                                                                                                                                                                                                                                                                                                                                                            FEDERAL

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Hotchkiss v. Billups Hotchkiss v. Billups (M.D. Ala., 2016)

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        LEON BUD HOTCHKISS, # 287596, Petitioner,
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        v.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        PHYLLIS BILLUPS, et al Respondents.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Civil Action No. 2: 16cv961-MHT

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

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        December 15, 2016

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        LEON BUD HOTCHKISS, # 287596, Petitioner, v. PHYLLIS BILLUPS, et al Respondents.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Civil Action No. 2: 16cv961-MHT

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

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        December 15, 2016

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        RECOMMENDATION OF THE MAGISTRATE JUDGE

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                This case is before the court on a petition for writ of habeas corpus under 28 U.S.C. § 2254 filed by Leon Bud Hotchkiss ("Hotchkiss"), a state inmate incarcerated at Kilby Correctional Facility in Mt. Meigs, Alabama. Doc. 1. Hotchkiss challenges his 2013 conviction in the Baldwin County Circuit Court on charges of trafficking marijuana, for which he was sentenced to 40 years in prison.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        I. DISCUSSION

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Title 28 U.S.C. § 2241(d) allows Hotchkiss to bring his § 2254 petition in either (a) the district court for the district wherein he is in custody (here, the Middle District of Alabama, where Kilby Correctional Facility is located), or (b) the district court for the district within which the state court that convicted and sentenced him was held (the Southern District of Alabama, where Baldwin County is located). Section 2241(d) provides that this court "in the exercise of its discretion and in furtherance of justice, " may transfer a petitioner's § 2254 petition to "the district court for the district within which the State court was held which convicted and sentenced the petitioner. " 28 U.S.C. § 2241(d).

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Page 2

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Because the matter complained of by Hotchkiss stems from his conviction and sentence imposed by the Baldwin County Circuit Court, and since the records related to Hotchkiss's conviction and sentence are located in Baldwin County, this court finds that the furtherance of justice and judicial economy will be best served by transferring this case to the United States District Court for the Southern District of Alabama for hearing and determination.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        II. CONCLUSION

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

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                It is further ORDERED that the parties shall file any objections to this Recommendation on or before December 29 2016. A party must specifically identify the factual findings and legal conclusions in the Recommendation to which objection is made; frivolous, conclusive, or general objections will not be considered. Failure to file written objections to the Magistrate Judge's findings and recommendations in accordance with the provisions of 28 U.S.C. § 636(b)(1) shall bar a party from a de novo determination by the District Court of legal and factual issues covered in the Recommendation and waives the right of the party to challenge on appeal the District Court's order based on unobjected-to factual and legal conclusions 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); 11th Cir. R. 3-1; Stein v. Lanning Secs Inc 667 F.2d 33 (11th Cir. 1982).

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                DONE this 15th day of December, 2016.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                /s/ Gray M. Borden        UNITED STATES MAGISTRATE JUDGE

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        --------

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Footnotes:

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 A decision on Hotchkiss' application for in forma pauperis status (Doc. 2) is reserved for ruling by the United States District Court for the Southern District of Alabama.

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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Footnotes:

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 A decision on Hotchkiss' application for in forma pauperis status (Doc. 2) is reserved for ruling by the United States District Court for the Southern District of Alabama.

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