HART v. CIOLLI, No. 1:2020cv00667 - Document 8 (M.D.N.C. 2020)
Court Description: ORDER ADOPTING 5 Findings and Recommendations, Recharacterizing Petition as a 2255 Motion, and Transferring Case to the Middle District of North Carolina, signed by District Judge Dale A. Drozd on 7/21/2020. CASE CLOSED. (Marrujo, C)[Transferred from California Eastern on 7/22/2020.]
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HART v. CIOLLI Doc. 8 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SAMUEL NEAL HART, 12 13 14 15 16 Petitioner, v. A. CIOLLI, Warden, No. 1:20-cv-00764-DAD-SKO (HC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, RECHARACTERIZING PETITION AS A § 2255 MOTION, AND TRANSFERRING CASE TO THE MIDDLE DISTRICT OF NORTH CAROLINA Respondent. (Doc. No. 5) 17 18 Petitioner Samuel Neal Hart is a federal prisoner proceeding pro se and in forma pauperis 19 with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. The matter was referred to 20 a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On June 5, 2020, the assigned magistrate judge case issued findings and 22 recommendations, recommending that the petition be recharacterized as a motion to vacate, set 23 aside, or correct a sentence pursuant to 28 U.S.C. § 2255 and that it be transferred to the 24 sentencing court. (Doc. No. 5.) The findings and recommendations were served on petitioner 25 and contained notice that any objections thereto were to be filed within twenty-one (21) days of 26 service. (Id. at 6.) No objections have been filed, and the time in which to do so has now passed. 27 28 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a de novo review of the case. Having carefully reviewed the entire file, the court concludes that the 1 Case 1:20-cv-00667-WO-JEP Document 8 Filed 07/21/20 Page 1 of 2 Dockets.Justia.com 1 findings and recommendations are supported by the record and proper analysis. 2 Accordingly: 3 1. 4 5 adopted in full; 2. 6 7 10 The petition for writ of habeas corpus is recharacterized as a motion to vacate, set aside, or correct a sentence pursuant to 28 U.S.C. § 2255; and 3. 8 9 The findings and recommendations issued on June 5, 2020 (Doc. No. 5) are The action is transferred to the United States District Court for the Middle District of North Carolina. IT IS SO ORDERED. Dated: July 21, 2020 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case 1:20-cv-00667-WO-JEP Document 8 Filed 07/21/20 Page 2 of 2
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