Parker v. Masters, No. 2:2016cv08138 - Document 7 (N.D. Ala. 2016)
Court Description: MEMORANDUM OPINION AND ORDER: The court ADOPTS the 5 Proposed Findings and Recommendation by Magistrate Judge, CONSTRUES petitioner's petition for a writ of habeas corpus as a motion to vacate, set aside or correct sentence pursuant to 28 U.S .C. § 2255, DIRECTS the Clerk to TRANSFER this case to the United States District Court for the Northern District of Alabama, and DIRECTS the Clerk to remove this case from the court's docket. Signed by Judge David A. Faber on 7/28/2016. (cc: attys; petitioner, pro se) (slr) [Transferred from West Virginia Southern on 7/29/2016.]
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Parker v. Masters Doc. 7 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD STEVEN CHRISTIAN PARKER, Petitioner, v. Civil Action No: 1:16-05849 BART MASTERS, Warden, Respondent. MEMORANDUM OPINION AND ORDER Pending before the court is petitioner’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. 1). (Doc. No. By Standing Order, this matter was referred to United States Magistrate Omar J. Aboulhosn for submission of findings and recommendations regarding disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). (Doc. No. 4). Magistrate Judge Aboulhosn submitted to the court his Proposed Findings and Recommendation on June 30, 2016, in which he recommended that the district court construe petitioner’s application for a writ of habeas corpus as a motion to vacate, set aside or correct sentence under 28 U.S.C. § 2255 and transfer the case to the United States District Court for the Northern District of Alabama. (Doc. No. 5 at 10). In accordance with the provisions of 28 U.S.C. § 636(b), the parties were allotted fourteen days, plus three mailing days, in which to file any objections to Magistrate Judge Dockets.Justia.com Aboulhosn’s Findings and Recommendation. The failure to file such objections constitutes a waiver of the right to a de novo review by this court. Snyder v. Ridenour, 889 F.2d 1363 (4th Cir. 1989). Petitioner failed to file any objections to the Magistrate Judge’s Findings and Recommendation within the seventeen-day period. Having reviewed the Findings and Recommendation filed by Magistrate Judge Aboulhosn, the court adopts the findings and recommendation contained therein. The court hereby ADOPTS the factual and legal analysis contained within the PF&R, CONSTRUES petitioner’s petition for a writ of habeas corpus as a motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255, DIRECTS the Clerk to TRANSFER this case to the United States District Court for the Northern District of Alabama, and DIRECTS the Clerk to remove this case from the court’s docket. The Clerk is further directed to forward a copy of this Memorandum Opinion and Order to counsel of record and petitioner, pro se. It is SO ORDERED this 28th day of July, 2016. ENTER: David A. Faber Senior United States District Judge 2
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