Robinson v. Wheeler-White et al (INMATE 3)

Filing 3

REPORT AND RECOMMENDATION re 1 Petition for Writ of Habeas Corpus filed by Tameka Robinson, 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). Objections to R&R due by 5/11/2009. Signed by Honorable Terry F. Moorer on 4/28/2009. (dmn)

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION T A M E K A ROBINSON, # 245451, P e titio n e r, v. CYNTHIA S. WHEELER-WHITE, et al., R e s p o n d e n ts . ) ) ) ) ) ) ) ) ) )

Civil Action No.2:09cv371-WHA (WO)

R E C O M M E N D A T I O N OF THE MAGISTRATE JUDGE T h is case is before the court on a pro se 28 U.S.C. § 2254 petition for habeas corpus relief filed by Tameka Robinson ("Robinson"), a state inmate incarcerated at ADOC Work R e lie f in Birmingham, Alabama. In her petition, Robinson challenges a prison sentence im p o se d on her in January 2006 by the Circuit Court for Baldwin County, Alabama, a state tria l court. Robinson asks the trial court to award her credit against her sentence for time out o n house arrest. D IS C U S S IO N T h is court "in the exercise of its discretion and in furtherance of justice" may transfer a n application for writ of habeas corpus to "the district court for the district within which the S ta te court was held which convicted" the petitioner. 28 U.S.C. § 2241(d). Robinson attacks a sentence imposed upon her by the Circuit Court for Baldwin County, Alabama, and r e q u e s ts that the trial court award her credit against her sentence for time she spent on house arrest. Baldwin County is located within the jurisdiction of the United States District Court

f o r the Southern District of Alabama. In light of the foregoing, this court concludes that tra n sf e r of this case to such other court for review and disposition is appropriate.1 C O N C L U SIO N A c c o r d in g ly, it is the RECOMMENDATION of the Magistrate Judge that this case b e TRANSFERRED to the United States District Court for the Southern District of Alabama p u rs u a n t to the provisions of 28 U.S.C. § 2241(d). It is further ORDERED that on or before May 11, 2009, the parties may file objections to the R e c o m m e n d a tio n . Any objections filed must specifically identify the findings in the M a g is t r a te Judge's Recommendation to which a party objects. Frivolous, conclusive or g e n e ra l objections will not be considered by the District Court. The parties are advised that th is Recommendation is not a final order of the court and, therefore, it is not appealable. F a ilu re to file written objections to the proposed findings and advisements in the M a g is tra te Judge's Recommendation shall bar the party from a de novo determination by the D is tric t Court of issues covered in the Recommendation and shall bar the party from a tta c k in g on appeal factual findings in the Recommendation accepted or adopted by the D is tric t Court except upon grounds of plain error or manifest injustice. Nettles v.

W a in w r ig h t, 677 F.2d 404 (5 th Cir. 1982). See Stein v. Reynolds Securities, Inc., 667 F.2d Robinson filed a request for leave to proceed in forma pauperis in this action. (Doc. No. 2) Under the circumstances of this case, however, matters related to her in forma pauperis status, including the assessment and collection of any filing fee, should be undertaken by the United States District Court for the Southern District of Alabama. 2
1

3 3 (11 th Cir. 1982). See also Bonner v. City of Prichard, 661 F.2d 1206 (11 th Cir. 1981) (en b a n c ), adopting as binding precedent all of the decisions of the former Fifth Circuit handed d o w n prior to the close of business on September 30, 1981. D o n e this 28 th day of April, 2009.

/s /T e r r y F. Moorer TERRY F. MOORER U N IT E D STATES MAGISTRATE JUDGE

3