McQuarley v. Mosley, et al (INMATE 2)

Filing 2

REPORT AND RECOMMENDATIONS that this case be transferred to the United States District Court for the Northern District of Alabama pursuant to the provisions of 28 U.S.C. 2241(d). Objections to R&R due by 6/29/2005. Signed by Judge Delores R. Boyd on 6/17/2005. (cc, )

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McQuarley v. Mosley, et al (INMATE 2) Doc. 2 Case 2:05-cv-00558-MHT-DRB Document 2 Filed 06/17/2005 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION _______________________________ CARLOS DEMETRIS MCQUARLEY, #198 468 Petitioner, * v. MS. MOSLEY, et al., * Respondents. _______________________________ RECOMMENDATION OF THE MAGISTRATE JUDGE This 28 U.S.C. 2254 petition for habeas corpus relief was filed in this court on January 13, 2005. The petition shows that Petitioner was convicted of first degree robbery by the Circuit Court for Jefferson County, Alabama on April 28, 1998 and sentenced to a 25year term of imprisonment. It is this conviction which Petitioner seeks to challenge in the instant application for habeas corpus relief. DISCUSSION 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). Petitioner challenges a conviction entered against him by the Circuit Court for Jefferson County, Alabama. Jefferson County is located within the jurisdiction of the United States District Court for the Northern District of Alabama. In light of the foregoing, the court concludes CIVIL ACTION NO. 2:05-CV-558-T * WO * * Dockets.Justia.com Case 2:05-cv-00558-MHT-DRB Document 2 Filed 06/17/2005 Page 2 of 3 that the transfer of this case to such other court for hearing and determination is appropriate. CONCLUSION Accordingly, it is the RECOMMENDATION of the Magistrate Judge that this case be transferred to the United States District Court for the Northern District of Alabama pursuant to the provisions of 28 U.S.C. 2241(d). It is further ORDERED that the parties are DIRECTED to file any objections to the said Recommendation on or before June 29, 2005. Any objections filed must specifically identify the findings in the Magistrate Judge's Recommendation objected to. Frivolous, conclusive or general objections will not be considered by the District Court. The parties are advised that this Recommendation is not a final order of the court and, therefore, it is not appealable. Failure to file written objections to the proposed findings and recommendations in the Magistrate Judge's report shall bar the party from a de novo determination by the District Court of issues covered in the report and shall bar the party from attacking on appeal factual findings in the report accepted or adopted by the District Court except upon grounds of plain error or manifest injustice. Nettles v. Wainwright, 677 F.2d 404 (5th Cir. 1982). See Stein v. Reynolds Securities, Inc., 667 F.2d 33 (11th Cir. 1982). See also Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981, en banc), adopting as binding precedent all of the decisions of the former Fifth Circuit handed down prior to the close of business on September 30, 1981. 2 Case 2:05-cv-00558-MHT-DRB Document 2 Filed 06/17/2005 Page 3 of 3 Done, this 17th day of June, 2005. /s/ Delores R. Boyd DELORES R. BOYD UNITED STATES MAGISTRATE JUDGE 3

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