Potts v. Ebbert

Filing 9

ORDER re 8 Memorandum (Order to follow as separate docket entry): IT IS HEREBY ORDERED that Magistrate Judge Carlsons Report and Recommendation (Doc. 5) to Petitioner Richard Potts Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241 (Doc. 1) is ADOPTED in part and REJECTED in part. (1)The recommendation to dismiss the Petition for lack of jurisdiction is ADOPTED.(2)The recommendation to transfer the Petition to the United States District Court for the Eastern District of Pennsylvania is REJECTED.(3)The Clerk of Court is directed to mark the case as CLOSED.Signed by Honorable A. Richard Caputo on 9/28/12. (jam, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
RICHARD POTTS,
CIVIL ACTION NO. 3:CV-12-1355

Petitioner,

(JUDGE CAPUTO)

v.

(MAGISTRATE JUDGE CARLSON)

DAVID J. EBBERT,
Respondent.

ORDER
NOW, this 28th day of September, 2012, IT IS HEREBY ORDERED that
Magistrate Judge Carlson’s Report and Recommendation (Doc. 5) to Petitioner Richard
Potts’ Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241 (Doc. 1) is
ADOPTED in part and REJECTED in part.
(1)

The recommendation to dismiss the Petition for lack of jurisdiction is
ADOPTED.

(2)

The recommendation to transfer the Petition to the United States District
Court for the Eastern District of Pennsylvania is REJECTED.

(3)

The Clerk of Court is directed to mark the case as CLOSED.

/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge