Sul v. Taylor

Filing 12

MEMORANDUM OPINION AND ORDER ADOPTING and ACCEPTING the 10 Magistrates Judge's Report and Recommendation and re-characterize this action as a request for leave to file a successive petition brought pursuant to 28 U.S.C. § 2255 and transfer this action to the United States Court of Appeals, Fifth Circuit, for further proceedings. Signed by Judge Virginia Emerson Hopkins on 6/30/2016. (JLC)

FILED
2016 Jun-30 PM 12:39
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
ROBERT H. SUL,
Petitioner,
v.
WARDEN W.T. TAYLOR,
Respondent.

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CASE NO.:
2:15-cv-1208-VEH-SGC

MEMORANDUM OPINION AND ORDER
The Petitioner has filed a petition for a writ of habeas corpus pursuant to 28
U.S.C. § 2241, alleging that the Supreme Court’s decision in Johnson v. United
States, 135 S. Ct. 2551 (2015), renders his federal sentence for a conviction of being
a felon in possession of a firearm invalid. (Doc. 1). In an Order dated June 3, 2016,
the magistrate stated:
[I]t is RECOMMENDED that this action be re-characterized as a
request for leave to file a successive petition brought pursuant to 28
U.S.C. § 2255. It is RECOMMENDED that the Clerk be ordered to
transfer this action to the United States Court of Appeals, Fifth Circuit,
for further proceedings, and that a copy of this order be mailed to the
petitioner.
(Doc. 10 at 4-5) (emphasis in original). The time for objecting to that
recommendation has expired, and no objections have been filed.
Having reviewed all of the materials in the Court file, including the Report and

Recommendation, the Court is of the opinion that the magistrate’s recommendation
ought to be, and hereby is, ADOPTED and ACCEPTED as the opinion of this
Court. It is hereby ORDERED, ADJUDGED, and DECREED as follows:
1.

This action is hereby re-characterized as a request for leave to file a successive
petition brought pursuant to 28 U.S.C. § 2255. The Clerk of Court shall note
the re-characterization.

2.

The Clerk of Court is ORDERED to transfer this action to the United States
Court of Appeals, Fifth Circuit, for further proceedings.

3.

The Clerk of Court shall mail a copy of this Order to the Petitioner.
DONE and ORDERED this 30th day of June, 2016.

VIRGINIA EMERSON HOPKINS
United States District Judge

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