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) [Transferred from Oklahoma Western on 11/18/2021.]

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Case 3:21-cv-02899-M-BN Document 12 Filed 11/18/21 Page 1 of 2 PageID 49 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA CHRISTOPHER SEVIER, Petitioner, vs. WARDEN S. GRANT, Respondent. ) ) ) ) ) ) ) ) ) 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 3:21-cv-02899-M-BN Document 12 Filed 11/18/21 Page 2 of 2 PageID 50 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. 2

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