Outlaw v. Craig, No. 7:2010cv00056 - Document 12 (W.D. Va. 2010)
Court Description: MEMORANDUM OPINION AND ORDER: the Court adopts and incorporates the findings and recommendation of the Magistrate Judge. The Court CONSTRUES the Petitioner's 1 Application as a Petition for Writ of Error Coram Nobis under the All Writs Act, 2 8 USC 1651 and ORDERS that the matter be TRANSFERRED to the sentencing court in the Western District of Virginia for further proceedings. Signed by Judge Irene C. Berger on 2/2/2010. (cc: attys; any unrepresented party, Magistrate Judge VanDervort) (cds) [Transferred from West Virginia Southern on 2/2/2010.]
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION ARTHUR ALAN OUTLAW, Petitioner, v. CIVIL ACTION NO. 5:08-cv-00889 T. R. CRAIG, Respondents. MEMORANDUM OPINION AND ORDER Pending before the Court is the Petitioner s Application Under 28 U.S.C. § 2241 for Writ of Habeas Corpus by a Person in Federal Custody [Docket 1]. This action was referred, by standing order [Docket 3], to the Honorable Clarke VanDervort, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of fact [Docket 11] and recommended that the Court construe the Petitioner s Application as a Petition for Writ of Error Coram Nobis under the All Writs Act, 28 U.S.C. § 1651, and transfer the matter to the sentencing court in the Western District of Virginia for further proceedings. No party entered objections to the Magistrate Judge s findings and recommendation. Accordingly, the Court ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge. The Court CONSTRUES the Petitioner s Application [Docket 1] as a Petition for Writ of Error Coram Nobis under the All Writs Act, 28 U.S.C. § 1651, and ORDERS that the matter be TRANSFERRED to the sentencing court in the Western District of Virginia for further proceedings. The Court DIRECTS the Clerk to send a certified copy of this Order to Magistrate Judge VanDervort, counsel of record, and any unrepresented party. ENTER: 2 February 2, 2010
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