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identifying other district courts who have been required to transfer writs of coram nobis to the district of conviction
Summary of this case from Harding v. OwensOpinion
CIVIL ACTION NO. 5:08-cv-00889.
February 2, 2010
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.