Gordon v. Carter et al

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
JUSTIN TERRELL GORDON, 	)
#280546, 	)
)
Petitioner, 	)
)
v. 	) 	CASE NO. 2:22-CV-695-WKW-CSC
)
KAREN CARTER, et al., 	)
)
Respondents. 	)
RECOMMENDATION OF THE MAGISTRATE JUDGE
Justin Terrell Gordon, a state inmate at Easterling Correctional Facility in Clio,
Alabama, initiated this action by filing a petition in which he seeks habeas corpus relief
under 28 U.S.C. § 2254. Doc. 1. In his § 2254 petition, Gordon challenges his convictions
entered in the Circuit Court of Choctaw County, Alabama, for escape first degree and theft
of property second degree. Id. at 1. Gordon was sentenced to 20 years in prison for each
conviction. Id.
28 U.S.C. § 2241(d) allows Gordon to bring a § 2254 habeas petition in either (a)
the federal district court for the district in which he is in custody (the Middle District of
Alabama, where Easterling Correctional Facility is located), or (b) the federal district court
for the district in which the state court that convicted and sentenced him was held (the
Southern District of Alabama, where the Circuit Court of Choctaw County is located).
Section 2241(d) further 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
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the district within which the State court was held which convicted and sentenced [the
petitioner].”
The matters complained of by Gordon stem from his conviction and sentence
entered by the Circuit Court of Choctaw County. The records and witnesses relating to
these matters are likely to be located in Choctaw County. Therefore, the 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 review and
disposition.
Accordingly, the undersigned Magistrate Judge RECOMMENDS that this case be
TRANSFERRED to the United States District Court for the Southern District of Alabama
under 28 U.S.C. § 2241(d).
It is further ORDERED that, on or before September 28, 2023, the parties may file
objections to this Recommendation. The parties 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. The parties are advised
that this Recommendation is not a final order and, therefore, is not appealable.
Failure 	to 	file 	written 	objections 	to 	the 	Magistrate 	Judge’s 	findings 	and
recommendations in accordance with 28 U.S.C. § 636(b)(1) will bar a party from a de novo
determination 	by 	the 	District 	Court 	of 	legal 	and 	factual 	issues 	covered 	in 	the
Recommendation and waive 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 on grounds of plain error or manifest injustice. Nettles v.
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Wainwright, 677 F.2d 404 (5th Cir. 1982); 11th Cir. R. 3-1. See Stein v. Reynolds Sec.,
Inc., 667 F.2d 33 (11th Cir. 1982); see also Bonner v. City of Prichard, Ala., 661 F.2d 1206
(11th Cir. 1981) (en banc).
DONE this 14th day of September, 2023.
/s/ Charles S. Coody
CHARLES S. COODY
UNITED STATES MAGISTRATE JUDGE
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