ELLERBY v. MCDONOUGH

Filing 6

REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by DAVID ELLERBY : It is recommended that this case be TRANSFERRED to the United States District Court for the Middle District of Florida for all further proceedings. Signed by Judge ALLAN KORNBLUM on 12/7/06. Internal deadline for referral to district judge if objections are not filed earlier: 1/4/2007 (deb)

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ELLERBY v. MCDONOUGH Doc. 6 Case 1:06-cv-00244-MP-AK Document 6 Filed 12/07/2006 Page 1 of 2 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION DAVID ELLERBY, Petitioner, v. JAMES MCDONOUGH, Defendant. ___________________________/ REPORT AND RECOMMENDATION This matter is before the Court on Doc. 1, Petition for Writ of Habeas Corpus, filed by David Ellerby. Petitioner has also filed a motion for leave to proceed in forma pauperis. Doc. 2. Petitioner is currently incarcerated in Marion Correctional Institution and challenges his conviction out of the Circuit Court of Putnam County. Doc. 1 at 1. Jurisdiction is therefore appropriate in the United States District Court for the Middle District of Florida, as the district of confinement and conviction. 28 U.S.C. 2241(d). Under no circumstances is this cause properly pending in this district. It is therefore respectfully RECOMMENDED that this case be TRANSFERRED to the United States District Court for the Middle District of Florida for all further proceedings. IN CHAMBERS at Gainesville, Florida, this 7th day of December, 2006. CASE NO. 1:06-cv-00244-MP-AK s/ A. KORNBLUM ALLAN KORNBLUM UNITED STATES MAGISTRATE JUDGE NOTICE TO THE PARTIES Dockets.Justia.com Case 1:06-cv-00244-MP-AK Document 6 Filed 12/07/2006 Page 2 of 2 Page 2 of 2 A party may file specific, written objections to the proposed findings and recommendations within 15 days after being served with a copy of this report and recommendation. A party may respond to another party's objections within 10 days after being served with a copy thereof. Failure to file specific objections limits the scope of review of proposed factual findings and recommendations. 1:06cv244-MMP/AK

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