Clyburn v. Berkebile

Filing 16

ORDER: finding that the 14 MOTION by Larry Clyburn for Clarification or in the Alternative for Declaratory Judgment should have been filed in Petitioner's newly filed case in the Western District of Virginia; ordering the Clerk of Court to STRIKE the instant filing from the record of this Court; directing the Clerk to send a copy of this Order and Petitioner's 14 Motion for Clarification or in the Atlernative Motion for Declaratory Judgment to the Petitioner. Signed by Judge Irene C. Berger on 9/27/2011. (cc: attys; Petitioner, along with a copy of the 14 Motion) (slr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
BECKLEY DIVISION

LARRY CLYBURN,
Petitioner,
v.

CIVIL ACTION NO. 5:09-cv-00155

DAVID BERKEBILE,
Respondent.

ORDER

The Court has reviewed Petitioner’s Motion for Clarification or in the Alternative Motion
for Declaratory Judgment (Document 14), wherein Petitioner requests, among other things, that this
Court “remand his recharacterized [Section] 2241 [Petition] to the court of jurisdiction over a
[Section] 2255 Motion[.]” This motion was filed on September 13, 2011.
However, the docket in this case reveals that on September 7, 2011, the assigned Magistrate
Judge, R. Clarke VanDervort, ordered that the instant matter be transferred to the Western District
of Virginia. (Document 12). The instant case was closed. On the same date, the District Court in
the Western District of Virginia confirmed that the case had been transferred and assigned
Petitioner’s new civil action as case number 7:11-cv-00426. (Document 13).
Therefore, the Court finds that the instant motion should have been filed in Petitioner’s
newly filed case in the Western District of Virginia. The Court ORDERS the Clerk of Court to
STRIKE the instant filing from the record of this Court.

The Court DIRECTS the Clerk to send a copy of this Order and Petitioner’s Motion for
Clarification or in the Alternative Motion for Declaratory Judgment (Document 14) to the
Petitioner. The Court further DIRECTS the Clerk to send a copy of this Order to counsel of record
and any unrepresented party.
ENTER:

2

September 27, 2011