CARTER v. SHARTLE

Filing 15

MEMORANDUM ORDER adopting 13 Report and Recommendation of Magistrate Judge Baxter as the Opinion of the Court. The 4 Petition for Writ of Habeas Corpus is hereby transferred to the United States District Court for the Northern District of Ohio. Signed by Judge Maurice B. Cohill on 5/26/2011. (sjs)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

JAMES CARTER,

v.
WARDEN IT.

Plaintiff,

C.A. No. 09-66 ERlE

SHARTLE~

Derendant.
MEMORANDUM ORDER

Pro se petitioner James Carter has filed a petition for writ of habeas corpus pursuant to
28 U.S.c. §2241, in which he alleges that the Federal Bureau of Prisons (BOP) calculated his
sentences incorrectly. The petition was received by the Clerk of Court on April 16,2009, having
been originally mailed to the United States District Court for the Northern District of Ohio, and
was referred to United States Magistrate Judge Susan Paradise Baxter for report and
recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules
72.1.3 and 72.1.4 of the Local Rules for Magistrates.
The magistrate judge's report and recommendation ("R&R"), filed on February 8, 2011,
recommended that the petition for writ of habeas corpus be transferred to the United States
District Court for the Northern District of Ohio, where petitioner was confined at the time he
filed his petition. (Doc. 13).
The parties were allowed fourteen (14) days from the date of service to file objections.
Objections were filed by the petitioner on February 28, 2011. After de novo review of the
pleadings and documents in the case, together with the report and recommendation and
objections thereto, we adopt Magistrate Judge Baxter's February 8, 2011 R&R as the Opinion of
the Court.
To the extent that Mr. Carter is arguing that the transfer of his petition from United
States District Court for the Northern District of Ohio was ordered by that court so that we may
address his objections to how his sentence was imposed pursuant to 28 U.S.C. § 2255 rather than
§ 2241, we note said argument is untimely and that Mr. Carter has previously been notified of his
rights pursuant to United States v. Miller, 197 F.3d 644 (3d Cir. 1999) (C.A. Nos. 06-268 E and
05-333 E, at Doc. 50 ofCR 02-11 E).

AND NOW, this

U

~

day of May, 2011, IT IS HEREBY ORDERED, ADmDGED

and DECREED that said report and recommendation is adopted as the opinion of the Court.
The Petition for Writ of Habeas Corpus is hereby transferred to the United States District Court
for the Northern District of Ohio.

MAURICE B. COHILL, JR.
United States District Judge

cc:

Susan Paradise Baxter
U.S. Magistrate Judge
all parties of record _ _

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