Breedlove v. Oklahoma Department of Corrections et al

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATION 5 of Magistrate Judge Bernard M. Jones...this case is TRANSFERRED to the U.S. District Court for the Eastern District of Oklahoma for further procedings. Signed by Honorable Joe Heaton on 8/18/2016. (cla)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
LAWRENCE BREEDLOVE

Petitioner,
NO. CIV-16-822-HE

vs.

OKLAHOMA DEPARTMENT OF

CORRECTIONS, etal,

Respondents.
ORDER

Petitioner Lawrence Breedlove, a state prisoner appearing pro se, filed this action

pursuantto28U.S.C. §2241 seeking habeas relief. Consistentwith28U.S.C. §636(b)(l)(B)
and (C), the matter was referred to Magistrate Judge Bernard M. Jones, who has
recommended that the action be transferred to the United States District Court for the Eastern
District of Oklahoma.

Because district courts are limited to granting habeas relief "within their respective
jurisdictions," 28 U.S.C. § 2241(a), the magistrate judge concluded petitioner should have

filed his § 2241 petition, which attacks the execution of his sentence, in the Eastern District
of Oklahoma where he currently is incarcerated.

No party objected to the Report and Recommendation and they thereby waived their
right to appellate review of the factual and legal issues it addressed. Casanova v. Ulibarri,
595 F.3d 1120,1123 (10th Cir. 2010);

28 U.S.C. §636(b)(l)(C). The court concurs with

Magistrate Judge Jones that the petition should be reviewed by the United States District
Court for the Eastern District ofOklahoma and that the interests ofjustice would be furthered

by transferring the action to that judicial district. .See 28 U.S.C. § 1631.

Accordingly, the court ADOPTS the magistratejudge's Report and Recommendation
and TRANSFERS this case to the Eastern District of Oklahoma.
IT IS SO ORDERED.

Dated this

day of

2016.

lATON

CHIES U.S. DISTRICT JUDGE