Peoples v. Mitchem et al (INMATE 3)

Filing 3

REPORT AND RECOMMENDATION re 1 Petition for Writ of Habeas Corpus filed by Quincy Peoples, 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 6/1/2009. Signed by Honorable Terry F. Moorer on 5/19/2009. (dmn)

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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 Q U IN C Y PEOPLES, # 238362, P e titio n e r, v. BILLY MITCHEM, et al., R e s p o n d e n ts . ) ) ) ) ) ) ) ) ) ) Civil Action No. 2:09cv441-TMH (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 re lie f filed by Quincy Peoples ("Peoples"), an Alabama inmate incarcerated at the Limestone C o rre c tio n a l Facility in Harvest. In his petition, Peoples challenges his 2004 conviction and th e sentence entered by the Circuit Court for Jefferson County, Alabama, a state trial court. 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). Peoples attacks a conviction and sentence imposed on him by the Circuit Court for Jefferson County, A la b a m a . Jefferson County is located within the jurisdiction of the United States District C o u rt for the Northern District of Alabama. In light of the foregoing, this court concludes th a t transfer 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 Northern 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 June 1, 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 3 3 (11 th Cir. 1982). See also Bonner v. City of Prichard, 661 F.2d 1206 (11 th Cir. 1981) (en In transferring the present case, this court makes no determination with respect to the merits of Peoples's claims for relief. The court also defers issuing a ruling on Peoples's motion for leave to proceed in forma pauperis (Doc. No. 2), as such motion is more appropriately addressed by the United States District Court for the Northern District of Alabama 2 1 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 19 th day of May, 2009. /s /T e r r y F. Moorer TERRY F. MOORER U N IT E D STATES MAGISTRATE JUDGE 3

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