Maze v. State of Alabama (INMATE 2)
2:11-cv-00881
| M.D. Ala. | Oct 20, 2011Background
- Maze, a §2254 petitioner, challenges his January 2008 Jefferson County, Alabama robbery convictions and 25-year sentence.
- Petitioner is incarcerated at Ventress Correctional Facility in Clayton, Alabama (within this court's jurisdiction).
- Jefferson County conviction is within the Northern District of Alabama, creating concurrent jurisdiction with this court.
- The court may transfer §2241(d) habeas petitions to the proper district for convenience and justice under 28 U.S.C. §§2241(d), 1404(a).
- Magistrate Judge recommends transferring the case to the Northern District of Alabama for review and disposition; merits remain undecided; filing/objection procedures apply.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether transfer is appropriate under §2241(d) | Maze seeks transfer for convenience. | There is concurrent jurisdiction; transfer in interest of justice is proper. | Transfer to the Northern District of Alabama is appropriate. |
| Scope of review and merits not decided in transfer recommendation | Petitioner's claims will be reviewed post-transfer. | Court will not rule on merits here; transfer pending in other district. | Merits of the §2254 claims remain to be addressed after transfer. |
Key Cases Cited
- Nettles v. Wainwright, 677 F.2d 404 (5th Cir. 1982) (plain-error standard for de novo review timeframes)
- Stein v. Reynolds Sec., Inc., 667 F.2d 33 (11th Cir. 1982) (guidance on procedural objections and review standards)
- Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981 (en banc)) (binding precedent of former Fifth Circuit decisions for Eleventh Circuit)