SCHILLER v. MCNEIL

Filing 3

REPORT AND RECOMMENDATION re 1 Petition for Writ of Habeas Corpus filed by ANTHONY LEON SCHILLER : It is recommended that this case be TRANSFERRED to the United States District Court for the Middle District of Florida for all further proceedings. R&R flag set. Signed by MAGISTRATE JUDGE ALLAN KORNBLUM on 10/21/2009. Internal deadline for referral to district judge if objections are not filed earlier: 11/18/2009. (jws)

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION ANTHONY LEON SCHILLER, Petitioner, v. WALTER MCNEIL, Respondent. ___________________________/ REPORT AND RECOMMENDATION This matter is before the Court on Doc. 1, Petition for Writ of Habeas Corpus, filed by Anthony Leon Schiller. Petitioner is currently incarcerated at Columbia Correctional Institution and challenges his conviction out of the Circuit Court of Duval County, Florida. 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 21th day of October, 2009. CASE NO. 1:09-cv-228-MP-AK

S/ A. KORNBLUM ALLAN KORNBLUM UNITED STATES MAGISTRATE JUDGE

NOTICE TO THE PARTIES

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.

1:09cv228-MMP/AK