Johnson v. Marshall

Filing 6

MEMORANDUM OPINIO - Having reviewed and considered the materials in the record, the Court adopts the magistrate judges report and accepts her recommendation. Accordingly, the Court will transfer this case to the United States District Court for the Middle District of Alabama pursuant to 28 U.S.C. § 2241(d). Signed by Judge Madeline Hughes Haikala on 10/11/2019. (KEK)

FILED
2019 Oct-11 AM 09:48
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
DAVID LAMAR JOHNSON,
Petitioner,
v.
STEVE MARSHALL, Attorney
General of the State of Alabama,
Respondent.

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Case No.: 5:19-cv-0836-MHH-SGC

MEMORANDUM OPINION
The petitioner, David Lamar Johnson, filed an amended habeas corpus
petition pursuant to 28 U.S.C. § 2254, challenging his August 30, 2007 conviction
in the Circuit Court of Houston County, Alabama. (Doc. 4). On July 19, 2019, the
magistrate judge entered a report in which she recommended that the Court transfer
this action to the United States District Court for the Middle District of Alabama.
(Doc. 5). The magistrate judge advised Mr. Johnson of his right to file specific
written objections within 14 days; the Court has not received objections.
A district court “may accept, reject, or modify, in whole or part, the findings
or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1)(C). A
district court reviews legal conclusions in a report de novo and reviews for plain
error factual findings to which no objection is made. Garvey v. Vaughn, 993 F.2d

776, 779 n. 9 (11th Cir. 1993); see also LoConte v. Dugger, 847 F.2d 745, 749 (11th
Cir. 1988); Macort v. Prem, Inc., 208 Fed. Appx. 781, 784 (11th Cir. 2006).
Having reviewed and considered the materials in the record, the Court adopts
the magistrate judge’s report and accepts her recommendation. Accordingly, the
Court will transfer this case to the United States District Court for the Middle District
of Alabama pursuant to 28 U.S.C. § 2241(d).
DONE this 10th day of October, 2019.

_________________________________
MADELINE HUGHES HAIKALA
UNITED STATES DISTRICT JUDGE

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