Tyson v. Beasley

Filing 4

ORDER adopting 3 Recommendation. Tyson's 1 petition is transferred to the Eastern District of Texas. Because the receiving Court is in a different federal circuit, the Clerk should delay transfer until 10/31/2017, so Tyson may appeal this de cision if he wants to do so. If Tyson agrees with the transfer, and wants to get things moving, he should file notice with the Clerk of this Court. The Clerk is authorized to act immediately if Tyson files that notice. Signed by Judge D. P. Marshall Jr. on 9/28/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
DARRYL W. TYSON, JR.
Reg. #20129-078

v.

PETITIONER

No. 2:17-cv-150-DPM

GENE BEASLEY, Warden,
FCI - Forrest City Low

RESPONDENT
ORDER

Unopposed recommendation, NQ 3, adopted.

FED. R. Crv.

P. 72(b) (1983 addition to advisory committee notes).

Tyson's

petition, NQ 1, is transferred to the Eastern District of Texas. 28 U.S.C.
§ 1631.

Because the receiving Court is in a different federal circuit,

the Clerk should delay transfer until 31 October 2017, so Tyson may
appeal this decision if he wants to do so.

Compare In re Nine Mile

Limited, 673 F.2d 242, 243 (8th Cir. 1982).

If Tyson agrees with the

transfer, and wants to get things moving, he should file notice with
the Clerk of this Court.

The Clerk is authorized to act immediately if

Tyson files that notice.
So Ordered.
(/

D.P. Marshall Jr.
United States District Judge