Bice v. Wheeler-White et al (INMATE3)

Filing 2

RECOMMENDATION of the Magistrate Judge that this case be TRANSFERRED to the United States District Court for the Northern District of Alabama pursuant t the provisions of 28 USC 2241(d). Objections to R&R due by 6/12/2009. Signed by Honorable Susan Russ Walker on 5/29/09. (sl, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION SEMBRA BICE, # 183389, Petitioner, v. CYNTHIA S. WHEELER-WHITE, et al., Respondents. ) ) ) ) ) ) ) ) ) ) Civil Action No. 2:09cv420-TMH (WO) RECOMMENDATION OF THE MAGISTRATE JUDGE This case is before the court on a pro se 28 U.S.C. 2254 petition for habeas corpus relief filed by Sembra Bice ("Bice"), a state inmate incarcerated at ADOC Work Relief in Birmingham, Alabama. In her petition, Bice challenges a prison sentence imposed on her in 1995 by the Circuit Court for Talladega County, Alabama, a state trial court. DISCUSSION This court "in the exercise of its discretion and in furtherance of justice" may transfer an application for writ of habeas corpus to "the district court for the district within which the State court was held which convicted" the petitioner. 28 U.S.C. 2241(d). Bice attacks a sentence imposed on her by the Circuit Court for Talladega County, Alabama, requesting that the court award her credit against her sentence for time she spent out on bond prior to sentencing. Talladega County is located within the jurisdiction of the United States District Court for the Northern District of Alabama. In light of the foregoing, this court concludes that transfer of this case to the Northern District for review and disposition 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 on or before June 12, 2009, the parties may file objections to the Recommendation. Any objections filed must specifically identify the findings in the Magistrate Judge's Recommendation to which a party objects. 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 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 29th day of May, 2009. 2 /s/ Susan Russ Walker SUSAN RUSS WALKER CHIEF UNITED STATES MAGISTRATE JUDGE 3

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