Crowell v. Rooker

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
RODRIQUEZ CROWELL, 	)
AIS 283285, 	)
)
Petitioner, 	)
)
v. 	) 	CASE NO. 2:24-CV-586-ECM-KFP
)
CAPT. G. ROOKER, 	)
)
Respondent. 	)
RECOMMENDATION OF THE MAGISTRATE JUDGE
I. 	INTRODUCTION
Petitioner Rodriquez Crowell is an inmate incarcerated at the Camden Work Release
Center in Camden, Alabama, serving a 30-year for sentence for first-degree burglary
entered against him by the Circuit Court for Dallas County, Alabama. 1 Doc. 1. He filed this
action using this Court’s standard form for habeas petitions brought under 28 U.S.C. §
2254. In his petition, Crowell seeks to challenge the validity of his sentence which he
alleges was subject to an illegal enhancement. Doc. 1 at 5. Upon review, the Court
concludes the petition is due to be transferred to the United States District Court for the
Southern District of Alabama.
II. 	DISCUSSION
Title 28 U.S.C. § 2241(d) allows Crowell to bring a § 2254 habeas petition in either
(a) the federal district court for the district in which he is in custody (the Southern District
1 See https://doc.alabama.gov/InmateSearch.
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of Alabama, where the Camden Work Release Center is located), or (b) the federal district
court for the district within which the state court that convicted and sentenced him was held
(the Southern District of Alabama, where the Circuit Court of Dallas 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).
The matters complained of by Crowell stem from his conviction and sentence
entered by the Circuit Court for Dallas County. The records and witnesses relating to these
matters are likely to be in Dallas County. Thus, 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.2
III. 	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 under 28 U.S.C. § 2241(d).
Further, it is ORDERED that by October 1, 2024, 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
2 Crowell filed an application for leave to proceed in forma pauperis with his § 2254 petition. Doc. 2. This
Court leaves a ruling on that application to the transferee court.
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general objections will not be considered by the Court. The Recommendation is not a final
order and, therefore, it is not appealable.
Failure to file written objections to the proposed 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 upon
grounds of plain error or manifest injustice. 11 TH Cir. R. 3–1.
DONE this 17th day of September, 2024.
/s/ Kelly Fitzgerald Pate
KELLY FITZGERALD PATE
UNITED STATES MAGISTRATE JUDGE
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