Robinson v. Thomas, et al (INMATE 3)

Filing 17

ORDER directing that this court concludes that Robinson's 1 petition is more appropriately construed as a petition for habeas corpus relief under the provisions of 28 U.S.C. § 2254; the Clerk is therefore DIRECTED to docket this action as one filed under 28 U.S.C. § 2254. Signed by Honorable Judge Wallace Capel, Jr on 11/29/11. (scn, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
JAMES L. ROBINSON, # 121865,

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Petitioner,
v.
KIM TOBIAS THOMAS , et al.,
Respondents.

Civil Action No. 2:11cv830-TMH
(WO)

ORDER
James L. Robinson, an Alabama inmate, initiated this cause of action pursuant to 28
U.S.C. § 2241. In his petition, Robinson claims that the State (and the Alabama Department
of Corrections) has miscalculated the time he must serve in prison. This court concludes that
Robinson’s petition is more appropriately construed as a petition for habeas corpus relief
under the provisions of 28 U.S.C. § 2254. The Clerk is therefore DIRECTED to docket this
action as one filed under 28 U.S.C. § 2254.
Done this 29th day of November, 2011.

/s/ Wallace Capel, Jr.
WALLACE CAPEL, JR.
UNITED STATES MAGISTRATE JUDGE