Sevier v. Grant

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATION for 11 Report and Recommendation. The petition, construed as a request for relief pursuant to 28 U.S.C. § 2255, isTRANSFERRED to the United States District Court for the Northern District of Texas. Signed by Judge Joe Heaton on 11/18/2021. (jjs)

Case 5:21-cv-00187-HE Document 12 Filed 11/18/21 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
CHRISTOPHER SEVIER,
Petitioner,
vs.
WARDEN S. GRANT,
Respondent.

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NO. CIV-21-0187-HE

ORDER
Petitioner Christopher Sevier, a federal prisoner serving time at F.C.I. El Reno, filed
this § 2241 habeas petition alleging that the court’s failure to prosecute him within the 180time limit of the Speedy Trial Act requires that his sentence be adjusted. Pursuant to 28
U.S.C. § 636(b)(1)(B) and (C), the matter was referred to Magistrate Judge Amanda Green
for initial proceedings. After reviewing the filings, Judge Green ordered the government
to respond to the petition. Respondent then filed a motion to dismiss or, in the alternative,
to transfer the case to the United States District Court for the Northern District of Texas.
Judge Green has now issued a Report and Recommendation recommending that the
petition be construed as a § 2255 petition and transferred to the Northern District of Texas.
The Report also notified petitioner that if the court construed the petition as a § 2255
petition any other § 2255 petitions would be considered second or successive and gave him
the opportunity to withdraw or amend the petition prior to any final action by the court.
The Report advised petitioner of his right to object to the Report or withdraw or
amend his petition by November 10, 2021. Petitioner has not objected to the Report

Case 5:21-cv-00187-HE Document 12 Filed 11/18/21 Page 2 of 2

thereby waiving his right to appellate review of the factual and legal issues it addressed.
Casanova v. Ulibarri, 595 F.3d 1120, 1123 (10th Cir. 2010). Petitioner has also not
requested to withdraw or amend his petition.
Accordingly, the court ADOPTS the Report and Recommendation [Doc. #11]. The
petition, construed as a request for relief pursuant to 28 U.S.C. § 2255, is
TRANSFERRED to the United States District Court for the Northern District of Texas.
IT IS SO ORDERED.
Dated this 18th day of November, 2021.

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