Thomas v. United States of America (INMATE2)

Filing 3

RECOMMENDATION of the Magistrate Judge that the 2 Petition for Writ of Habeas Corpus filed by Lee Vance Thomas, III be transferred to the United States District Corut for the Southern District of Mississippi. Objections to R&R due by 2/13/2006. Signed by Judge Susan Russ Walker on 1/31/06. (sl, )

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Thomas v. United States of America (INMATE2) Doc. 3 Case 2:06-cv-00074-MEF-SRW Document 3 Filed 01/31/2006 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION _______________________________ LEE VANCE THOMAS III, #11371-042 Petitioner, v. UNITED STATES OF AMERICA Respondent. _______________________________ * * * * * 2:06-CV-74-MEF (WO) RECOMMENDATION OF THE MAGISTRATE JUDGE This cause is before the court on a 28 U.S.C. 2241 petition for habeas corpus relief filed by Lee Thomas ["Thomas"], a federal inmate confined at the Yazoo City Complex, a federal correctional facility located in Yazoo City, Mississippi. In this petition, Thomas seeks to challenge the Bureau of Prisons' ("BOP") decision to deny him eligibility for a oneyear sentence reduction under 18 U.S.C. 3621(e)(2)(B) due to the fact that he received a two-level sentence enhancement for possession of a firearm in connection with his drug conviction. According to Thomas, the Program Statement relied on by the BOP to deny him eligibility for early release is invalid and, therefore, cannot be used to deny him eligibility for early release. DISCUSSION A 28 U.S.C. 2241 petition for habeas corpus relief must be filed in the district court in which the petitioner is incarcerated. Braden v. 30th Judicial Circuit Court of Kentucky, 410 U.S. 484 (1973); United States v. Plain, 748 F.2d 620, 621 (11th Cir. 1984); Blau v. Dockets.Justia.com Case 2:06-cv-00074-MEF-SRW Document 3 Filed 01/31/2006 Page 2 of 3 United States, 566 F.2d 526, 527 (5th Cir. 1978). Thomas is presently incarcerated at the Yazoo City Complex located in Yazoo City, Mississippi. This correctional facility is located within the jurisdiction of the United States District Court for the Southern District of Mississippi. Thus, this court lacks jurisdiction to consider the habeas corpus petition filed by Thomas. Plain, 748 F.2d at 621. However, "[f]or the convenience of parties and witnesses, [and] in the interest of justice, a district court may transfer any civil action to any other district . . . where it might have been brought." 28 U.S.C. 1404(a). Under the circumstances of this case as outlined herein, the court concludes that this case should be transferred to the United States District Court for the Southern District of Mississippi for review and determination. 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 Mississippi pursuant to the provisions of 28 U.S.C. 1404(a). It is further ORDERED that the parties shall file any objections to the said Recommendation on or before February 13, 2006. Any objections filed must specifically identify the findings in the Magistrate Judge's Recommendation to which the party is objecting. 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. -2- Case 2:06-cv-00074-MEF-SRW Document 3 Filed 01/31/2006 Page 3 of 3 Failure to file written objections to the proposed findings and advisements in the Magistrate Judge's Recommendation shall bar the party from a de novo determination by the District Court of issues covered in the Recommendation and shall bar the party from attacking on appeal factual findings in the Recommendation 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. DONE, this 31st day of January, 2006. /s/ Susan Russ Walker SUSAN RUSS WALKER UNITED STATES MAGISTRATE JUDGE -3-

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