Neal v. Stansberry

Filing 18

FINAL ORDER adopting the findings and recommendations set forth in 17 Report and Recommendation, and TRANSFERRING this matter to the U.S. District Court for the District of Colorado. Signed by District Judge Jerome B. Friedman and filed on 7/13/09. Copy mailed to petitioner 7/14/09. (mwin, )

FILED
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA

Norfolk Division

JUL 1 3 2303
CLERK. U.S. DISTRICT COURT

TYREE M.

NEAL,

SR.,

#05534-025

NORFOLK. VA

Petitioner,
v.
WARDEN OF FCI-FLORENCE,

ACTION NO.

2:08cv559

FLORENCE,

COLORADO,

Respondent.

FINAL

ORDER

This

matter

was

initiated by petition
§ 2241.

for

a writ

of

habeas

corpus under 28

U.S.C.

Petitioner was

convicted and sentenced by

the United States
to a term of

District Court for the Southern District of Illinois,
imprisonment of one hundred thirty-seven (137)

months.

Petitioner brought this habeas corpus action alleging that he was denied due process protections under the Fifth Amendment when
the Bureau of Prisons failed to afford him the procedural safe

guards set out in Bureau of Prisons
28 C.F.R. § 541.

Program Statement

5270.07 and

The matter was pursuant to the

referred to of

a United States U.S.C. §

Magistrate Judge and (C) ,

provisions

28

636(b)(l)(B)

Rule 72 of the Federal Rules of Civil Procedure,

and Rule 72 of the

Rules of the United States District Court for the Eastern District

of

Virginia

for

report

and

recommendation.
2009,

The

report

of

the

Magistrate Judge was filed on June 11,

recommending that this

matter be transferred to the United States District Court for the

District

of

Colorado,

as

this

Court

cannot

exercise

personal

jurisdiction over petitioner because he is currently incarcerated
at Federal Correctional Institution Florence, in Florence,

Colorado.

By copy of

the report,

each party was advised of his

right to file written objections to the findings and recommenda

tions made by the Magistrate Judge.

The Court has

received no

objections to the Magistrate Judge's Report and Recommendation and
the time for filing same has expired.

Therefore,

the court hereby adopts the findings and recommen

dations set forth in the report of
Judge filed on June 11, 2009,

the United States Magistrate
therefore, ORDERED that

and it is,

this matter be TRANSFERRED to the United States District Court for
the District of Colorado.

The

Clerk

shall

mail

a

copy

of

this

Final

Order

to

the

petitioner and to counsel of record for respondent.

Jen niO M. } ii

UNITflDiiS.TJS'EES IBSSQHiiWp JUDGE
Norfolk, Virginia

July

\y

,

2009