Roberts v. Boothe (INMATE 1)

Filing 19

ORDER, JUDGMENT and DECREE of the court that: (1) the petitioner's 10 objection is OVERRULED; (2) the 8 REPORT AND RECOMMENDATION of the Magistrate Judge is ADOPTED; and (3) this case is TRANSFERRED to the US District Court for the Northern District of Alabama in accordance with the provisions of 28 U.S.C. 2241(d). Signed by Honorable Judge Truman M. Hobbs on 9/30/13. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
JOHNNY RAY ROBERTS,
Petitioner,
v.
CAROLYN BOOTHE, Administrator of
the Estate of Russell K. Adams, Shelby
County, Alabama,
Respondent.

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CASE NO. 2:13-cv-482-TMH
[WO]

ORDER
After an independent review of the file, it is the ORDER, JUDGMENT and DECREE
of the court that:
1.

The petitioner's objection (Doc. #10) filed on August 22, 2013 to the

Recommendation of the Magistrate Judge filed on is overruled;
2. The Recommendation of the Magistrate Judge (Doc. #8) entered on August 19,
2013 is adopted; and
3. This case is TRANSFERRED to the United States District Court for the Northern
District of Alabama in accordance with the provisions of 28 U.S.C. § 2241(d).1

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In transferring this case, no determination is made with respect to the merits of the
petitioner's claims for relief nor whether a federal district court has jurisdiction to consider the
petition as to those claims properly raised in a habeas action as such issues are best addressed by
the United States District Court for the Northern District of Alabama. See Gilreath v. State Board
of Pardons and Paroles, 273 F.3d 932, 933 (11th Cir. 2001) (If petitioner files "second [or other
successive] habeas corpus petition and ... had no permission from [the Eleventh Circuit] to file
[such] habeas petition, ... the district court lack[s] jurisdiction to grant the requested relief.")

Done, this 30th day of September 2013.
/s/ Truman M. Hobbs
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE

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