Opinion
Civil Action No. 2:14cv1252-MHT (WO)
01-06-2015
MICHAEL DION MILTON, # 290017, Petitioner, v. CHRISTOPHER GORDY, et al., Respondents.
RECOMMENDATION OF THE MAGISTRATE JUDGE
This cause is before the court on a pro se 28 U.S.C. § 2254 petition for writ of habeas corpus filed by Michael Dion Milton ("Milton"), a state inmate incarcerated at Ventress Correctional Facility in Clayton, Alabama. Doc. # 1. Milton challenges his 2013 conviction in the Circuit Court of Madison County, Alabama, on the charge of trafficking in a controlled substance. He received a sentence of 10 years in prison.
DISCUSSION
This court, "in the exercise of its discretion and in furtherance of justice," may transfer a petitioner's application for writ of habeas corpus to "the district court for the district within which the State court was held which convicted and sentenced [the petitioner]." See 28 U.S.C. § 2241(d). Milton challenges a conviction and sentence entered by the Circuit Court of Madison County, Alabama. Madison County is located within the jurisdiction of the United States District Court for the Northern District of Alabama. Consequently, this court concludes that the transfer of this case to such other court for hearing and determination is appropriate.
A decision on Milton's application for in forma pauperis status (Doc. # 2) is reserved for ruling by the United States District Court for the Northern District of Alabama.
CONCLUSION
Accordingly, it is the RECOMMENDATION of the Magistrate Judge that this case be TRANSFERRED to the United States District Court for the Northern District of Alabama under the provisions of 28 U.S.C. § 2241(d).
It is further
ORDERED that the parties are DIRECTED to file any objections to the said Recommendation on or before January 20, 2015. Any objections filed must specifically identify the findings in the Magistrate Judge's Recommendation to which the party is objecting. Frivolous, conclusive, or general objections will not be considered by the District Court. The parties are advised that this Recommendation is not a final order of the court and, therefore, it is not appealable.
Failure to file written objections to the proposed findings and recommendations in the Magistrate Judge's report shall bar the party from a de novo determination by the District Court of issues covered in the report and shall bar the party from attacking on appeal factual findings in the report accepted or adopted by the District Court except upon grounds of plain error or manifest injustice. Nettles v. Wainwright, 677 F.2d 404 (5th Cir. 1982); see Stein v. Reynolds Securities, Inc., 667 F.2d 33 (11th Cir. 1982); see also Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981) (en banc) (adopting as binding precedent all of the decisions of the former Fifth Circuit handed down prior to the close of business on September 30, 1981).
Done this 6th day of January, 2015.
/s/ Wallace Capel, Jr.
WALLACE CAPEL, JR.
UNITED STATES MAGISTRATE JUDGE