Robinson v. Warden of USP-Big Sandy

Filing 13

ORDER adopting Report and Recommendations of Magistrate Judge Bristow Marchant. The Clerk is authorized to transfer this action to the United States District Court for the Eastern District of Kentucky. Signed by Honorable Joseph F Anderson, Jr on 1/8/2013.(cwhi, ) [Transferred from scd on 1/8/2013.]

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA

Carlos D. Robinson,

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Petitioner,
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v.
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United States of America,
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Respondent.
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______________________________________ )

C/A No. 9:12-2924-JFA-BM

ORDER

The pro se petitioner, Carlos D. Robinson, is an inmate at the Federal Correctional
Institution in Inez, Kentucky. He was originally sentenced in the District of South Carolina
in May 2004. He brought this action under 28 U.S.C. § 2241 and now moves to transfer the
case to the Eastern District of Kentucky where he is incarcerated.
The Magistrate Judge assigned to this action1 has prepared a Report and
Recommendation and opines that this court cannot rule on the merits of petitioner’s
contentions because petitioner’s warden in Kentucky—the proper respondent— is not located
within the geographical limits of this United States District Court in the District of South
Carolina. The Report sets forth in detail the relevant facts and standards of law on this
matter, and the court incorporates such without a recitation.
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The Magistrate Judge’s review is made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Civil
Rule 73.02. The Magistrate Judge makes only a recommendation to this court. The recommendation has
no presumptive weight, and the responsibility to make a final determination remains with the court. Mathews
v. Weber, 423 U.S. 261 (1976). The court is charged with making a de novo determination of those portions
of the Report and Recommendation to which specific objection is made, and the court may accept, reject,
or modify, in whole or in part, the recommendation of the Magistrate Judge, or recommit the matter to the
Magistrate Judge with instructions. See 28 U.S.C. § 636(b)(1).

1

After carefully reviewing the applicable laws, the record in this case, the Report and
Recommendation, and the petitioner’s response thereto, this court finds the Magistrate
Judge’s recommendation fairly and accurately summarizes the facts and applies the correct
principles of law and it is incorporated herein by reference.
Accordingly, the Clerk is authorized to transfer this action to the United States District
Court for the Eastern District of Kentucky.
IT IS SO ORDERED.

January 8, 2013
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

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