Gann v. Wheeler-White et al (INMATE2)

Filing 3

ORDER ADOPTING 2 REPORT AND RECOMMENDATION of the Mag Judge; TRANSFERRING this case to the USDC for the Northern District of Alabama pursuant to the provisions of 28 U.S.C. §2241(d). Signed by Honorable Ira De Ment on 7/10/09. (Attachments: # 1 Civil Appeals Checklist)(djy, )

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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 R AC H AE L MCCARTNEY GANN, #190105 , ) ) P e t i t io n e r , ) ) v. ) ) C Y N T H IA WHEELER-WHITE, WARDEN) et al., , ) R e s p o n d e n ts . ) C IV IL ACTION NO. 2:09cv538-ID O R D E R AND OPINION O n June 19, 2009, the Magistrate Judge filed a Recommendation in this case to which n o timely objections have been filed. (Doc. # 2). Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be a n d is hereby ADOPTED and that this case is TRANSFERRED to the United States District C o u rt for the Northern District of Alabama pursuant to the provisions of 28 U.S.C. 2 2 4 1 (d).1 D o n e this the 10 th day of July, 2009. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE In transferring the instant case, this court makes no determination regarding the merits of petitioner's claim for relief nor whether she has exhausted available state court remedies prior to filing a fe3deral habeas petition as required by 28 U.S.C. 2244(b)(1)(A). 1

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