Dutton v. USA

Filing 4

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 3 Report and Recommendations. It is Ordered that this case is DISMISSED. Signed by Honorable William W. Caldwell on 4/19/11. (pw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
RAHEEM DUTTON,
Petitioner

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vs.

CIVIL NO. 1:CV-11-0460
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UNITED STATES OF AMERICA,
Respondent

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ORDER
AND NOW, this 19th day of April, 2011, upon consideration of the Report
and Recommendation of Magistrate Judge Carlson, and a review of the record, it is
Ordered that the Report is approved. The Report notes that the petition is identical to
a petition filed in this court by the Plaintiff on February 15, 2011 (1:11-CV-308). That
petition was transferred to the District of New Jersey, the sentencing court, by this
court’s order on March 23, 2011.
We respectfully decline to follow Judge Carlson’s recommendation that
this case be transferred to the sentencing court. In the interest of conserving judicial
resources for all concerned, this duplicate proceeding should be dismissed and the
claims raised herein can be pursued in 1:11-CV-308, which is now before the
sentencing court in New Jersey.
It is Ordered that this case is dismissed. The Clerk of Court shall close
the file.

/s/William W. Caldwell
William W. Caldwell
United States District Judge