Parker v. Masters

Filing 7

MEMORANDUM OPINION AND ORDER: The court ADOPTS the 5 Proposed Findings and Recommendation by Magistrate Judge, CONSTRUES petitioner's petition for a writ of habeas corpus as a motion to vacate, set aside or correct sentence pursuant to 28 U.S .C. § 2255, DIRECTS the Clerk to TRANSFER this case to the United States District Court for the Northern District of Alabama, and DIRECTS the Clerk to remove this case from the court's docket. Signed by Judge David A. Faber on 7/28/2016. (cc: attys; petitioner, pro se) (slr) [Transferred from West Virginia Southern on 7/29/2016.]

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
STEVEN CHRISTIAN PARKER,
Petitioner,
v.

Civil Action No: 1:16-05849

BART MASTERS,
Warden,
Respondent.
MEMORANDUM OPINION AND ORDER
Pending before the court is petitioner’s petition for a
writ of habeas corpus pursuant to 28 U.S.C. § 2241.
1).

(Doc. No.

By Standing Order, this matter was referred to United

States Magistrate Omar J. Aboulhosn for submission of findings
and recommendations regarding disposition, pursuant to 28 U.S.C.
§ 636(b)(1)(B).

(Doc. No. 4).

Magistrate Judge Aboulhosn

submitted to the court his Proposed Findings and Recommendation
on June 30, 2016, in which he recommended that the district
court construe petitioner’s application for a writ of habeas
corpus as a motion to vacate, set aside or correct sentence
under 28 U.S.C. § 2255 and transfer the case to the United
States District Court for the Northern District of Alabama.
(Doc. No. 5 at 10).
In accordance with the provisions of 28 U.S.C. § 636(b),
the parties were allotted fourteen days, plus three mailing
days, in which to file any objections to Magistrate Judge

Aboulhosn’s Findings and Recommendation.

The failure to file

such objections constitutes a waiver of the right to a de novo
review by this court.

Snyder v. Ridenour, 889 F.2d 1363 (4th

Cir. 1989).
Petitioner failed to file any objections to the Magistrate
Judge’s Findings and Recommendation within the seventeen-day
period.

Having reviewed the Findings and Recommendation filed

by Magistrate Judge Aboulhosn, the court adopts the findings and
recommendation contained therein.
The court hereby ADOPTS the factual and legal analysis
contained within the PF&R, CONSTRUES petitioner’s petition for a
writ of habeas corpus as a motion to vacate, set aside or
correct sentence pursuant to 28 U.S.C. § 2255, DIRECTS the Clerk
to TRANSFER this case to the United States District Court for
the Northern District of Alabama, and DIRECTS the Clerk to
remove this case from the court’s docket.
The Clerk is further directed to forward a copy of this
Memorandum Opinion and Order to counsel of record and
petitioner, pro se.
It is SO ORDERED this 28th day of July, 2016.

ENTER:
David A. Faber
Senior United States District Judge

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