Neal v. Warden, FCI Florence, No. 2:2008cv00559 - Document 18 (E.D. Va. 2009)

Court Description: 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, )

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Neal v. Warden, FCI Florence Doc. 18 FILED UNITED STATES DISTRICT EASTERN DISTRICT OF COURT VIRGINIA JUL 1 3 2303 Norfolk Division CLERK. U.S. DISTRICT COURT TYREE M. NEAL, SR., NORFOLK. VA #05534-025 Petitioner, v. ACTION NO. WARDEN OF FCI-FLORENCE, FLORENCE, 2:08cv559 COLORADO, Respondent. FINAL This matter corpus under 28 was initiated by petition U.S.C. Petitioner was ORDER § for a writ habeas 2241. convicted and sentenced by the United States District Court for the Southern District of Illinois, imprisonment of of one hundred thirty-seven (137) to a term of 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 guards set out in Bureau of Prisons 28 C.F.R. § to Program Statement safe 5270.07 and 541. The matter was pursuant the procedural the referred provisions to of a United States 28 U.S.C. § Magistrate Judge 636(b)(l)(B) Rule 72 of the Federal Rules of Civil Procedure, and (C) , and Rule 72 of the Rules of the United States District Court for the Eastern District of Virginia for report and recommendation. Magistrate Judge was filed on June 11, 2009, The report of the recommending that this Dockets.Justia.com 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 Colorado. Correctional By copy of Institution the report, - Florence, in Florence, 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 and it is, therefore, ORDERED that 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

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