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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

JOSEPH E. HICKS, 

Petitioner,

vs. Case No. 4:10cv529-RH/WCS

SECRETARY, FLORIDA 

DEPT OF CORRECTIONS, 

Respondent.

_____________________________/

REPORT AND RECOMMENDATION TO TRANSFER § 2254 PETITION

Petitioner filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254

with supporting memorandum, docs. 1 and 3, and a motion to proceed in forma

pauperis. Doc. 2. He recently filed a notice of inquiry. 

Petitioner is currently incarcerated at River Junction Work Camp, and challenges

the judgment of the Fourth Judicial Circuit Court in Duval County, Florida. Jurisdiction is

appropriate in this district and the Middle District of Florida, as the districts of

confinement and conviction, respectively. 28 U.S.C. § 2241(d). 
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The district of conviction would appear to be the most convenient and

appropriate venue, and the petition should be transferred to the Middle District of

Florida. § 2241(d). See also, Parker v. Singletary, 974 F.2d 1562, 1582 and nn. 114

and 118 (11th Cir. 1992) (finding transfer "in furtherance of justice" under § 2241(d),

citations omitted); Eagle v. Linahan, 279 F.3d 926, 933, n. 9 (11th Cir. 2001) (noting

that the practice in district courts in Georgia was to transfer petitions to the district of

conviction under § 2241(d)). 

As it appears that transfer is appropriate, a ruling on the motion to proceed in

forma pauperis will be made by the transferee court. Petitioner is advised, however,

that the fee for filing a habeas corpus petition is $ 5.00. Deposits are regularly made to

Petitioner's inmate account, and almost all of the funds go toward canteen purchases. 

Doc. 2-1 (inmate account statement). All litigants, including prisoners proceeding pro

se, must make decisions about how to spend their money when contemplating

litigation, and may have to make sacrifices to pursue a claim. See, Beck v. Symington,

972 F. Supp. 532, 535 (D. Ariz. 1997), quoting Lumbert v. Illinois Dept. of Corrections,

827 F.2d 257, 260 (7th Cir. 1987) (noting that an inmate finding it more worthwhile to

use funds to purchase snacks than to file suit "has demonstrated an implied evaluation

of the suit that the district court is entitled to honor."). To avoid further delay upon the

transfer of his petition, Petitioner should either pay the fee or submit an updated inmate

account statement demonstrating his inability to do so. 

Case No. 4:10cv529-RH/WCS
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It is therefore respectfully RECOMMENDED that the case file and any service

copies be TRANSFERRED to the United States District Court for the Middle District of

Florida for all further proceedings.

IN CHAMBERS at Tallahassee, Florida on February 28, 2011. 

 s/ William C. Sherrill, Jr. 

WILLIAM C. SHERRILL, JR.

UNITED STATES MAGISTRATE JUDGE

NOTICE TO PARTIES

Within 15 days after being served with a copy of this report and recommendation, a party may serve and file

specific, written objections to the proposed findings and recommendations. A party may respond to another party's

objections within 10 days after being served with a copy thereof. Failure to file specific objections limits the scope of

review of proposed factual findings and recommendations.

Case No. 4:10cv529-RH/WCS