TOSON v. STATE OF FLORIDA

Filing 3

REPORT AND RECOMMENDATION re 1 Petition for Writ of Habeas Corpus filed by THERON A TOSON : It is recommended that Petitioners petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2241, Doc. 1 , be TRANSFERRED to the United States District Court for the Southern District of Florida. Signed by MAGISTRATE JUDGE ALLAN KORNBLUM on 9/18/2008. Internal deadline for referral to district judge if objections are not filed earlier: 10/16/2008. (kdm)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION

THERON A. TOSON, Petitioner, vs. STATE OF FLORIDA, Respondent. / REPORT AND RECOMMENDATION This cause is before the Court on Petitioner's § 2241 petition. Doc. 1. Petitioner is currently incarcerated at Dade Correctional Institution in Florida City, Florida, which is located in the Southern District. To the extent that this is a § 2241 petition, the ultimate decision regarding its merits cannot be made by this Court, as § 2241 petitions may be brought only in the district court for the district in which the inmate is incarcerated. Fernandez v. United States, 941 F.2d 1488, 1495 (11th Cir.1991). To the extent that this is in fact a § 2254 petition, because Petitioner is currently incarcerated in Dade CI and challenges a conviction from Palm Beach County, Florida, jurisdiction is appropriate in the United States District Court for the Southern District of CASE NO. 1:08CV200-MMP/AK

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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. In light of the foregoing, it is respectfully RECOMMENDED that Petitioner's petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2241, Doc. 1, be TRANSFERRED to the United States District Court for the Southern District of Florida. IN CHAMBERS at Gainesville, Florida, this 18th Day of September, 2008.

S/A.Kornblum ALLAN KORNBLUM UNITED STATES MAGISTRATE JUDGE

NOTICE TO THE PARTIES 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.

No. 1:08cv200-mmp/ak