A decision on Petitioner’s application for in forma pauperis status is reserved for ruling
by the United States District Court for the Southern District of Alabama.
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
RONDAL HOWARD MACKS,
WARDEN GWENDOLYN MOSLEY,
RECOMMENDATION OF THE MAGISTRATE JUDGE
This matter is pending on a 28 U.S.C. § 2254 petition for habeas corpus filed by
Rondal Howard Macks (“Petitioner”) on November 30, 2006, to challenge his convictions
by the Circuit Court for Escambia County, Alabama, in September 2001, for second degree
assault, attempted murder, and first degree burglary. Petitioner is currently serving two life
sentences plus ten years.
This court, “in the exercise of its discretion and in furtherance of justice,” may
transfer Petitioner's application for writ of habeas corpus to “the district court for the district
within which the State court was held which convicted” Petitioner. 28 U.S.C. § 2241(d).
Escambia County is located within the jurisdiction of the United States District Court for the
Southern District of Alabama. Thus, it is appropriate to transfer this case for hearing and
determination by the federal district court in which the Escambia County Circuit Court is
Case 2:06-cv-01070-MHT-DRB Document 3 Filed 12/06/2006 Page 1 of 3
Macks v. Mosley et al (INMATE 2)
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 file any objections to this Recommendation
on or before December 18, 2006. Any objections filed must specifically identify the findi