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

Filing 3

REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Teresa Hunt; it is the Recommendation of the Mag Judge that this case be transferred to the USDC for the NDAL pursuant to the provisions of 28 USC 2241(d); Objections to R&R due by 6/17/2009. Signed by Honorable Wallace Capel, Jr on 6/4/09. (vma, )

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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 T E R E S A HUNT, # 150928, 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. 2:09cv499-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 Teresa Hunt ("Hunt"), an Alabama inmate incarcerated at ADOC Work Relief in Birmingham. By her petition, Hunt challenges her sentence for possession of a forged instrum en t and theft of property, which was entered against her in 2008 by the Circuit Court f o r Lauderdale 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. See 28 U.S.C. 2241(d). Hunt c h a l le n g e s a sentence imposed by the Circuit Court for Lauderdale County, Alabama, re q u e stin g that the court award her jail credit against her sentence. Lauderdale County is lo c a t e d within the jurisdiction of the United States District Court for the Northern District o f Alabama. In light of the foregoing, this court concludes that transfer of this case to such o th e r 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 17, 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 tra 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. Hunt also requests that she be awarded credit against her sentence for time spent in drug court. In transferring the present case, this court makes no determination with respect to the merits of any of Hunt's claims and deems such matters as more appropriately addressed by the United States District Court for the Northern District of Alabama. This court also notes that Hunt has submitted a motion for leave to proceed in forma pauperis (Doc. No. 2). However, the courts finds that this motion would also more properly be considered by the transferee court. 2 1 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 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 4th day of June, 2009. /s /W a lla c e Capel, Jr. WALLACE CAPEL, JR. U N IT E D STATES MAGISTRATE JUDGE 3

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