Summary
disagreeing with Hickam as to whether Padilla undercut the reach of Braden in this context and instead transferring § 2254 petition under § 1404 to district in the state of conviction
Summary of this case from Gustafson v. WilliamsOpinion
Case No. CIV-08-341-D.
June 3, 2008
ORDER
This matter is before the Court for review of the Report and Recommendation issued by United States Magistrate Judge Doyle W. Argo pursuant to 28 U.S.C. § 636(b)(1) on April 30, 2008. Judge Argo recommends that the Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus be transferred to the United States District Court for the District of Colorado pursuant to 28 U.S.C. § 1404(a).
The record reflects Petitioner has neither filed a timely objection to the Report nor requested additional time to object. The Court finds Petitioner has waived further review of the transfer issue and, therefore, adopts the Report and Recommendation [Doc. No. 6] in its entirety.
IT IS THEREFORE ORDERED that this action is transferred to the United States District Court for the District of Colorado.
IT IS SO ORDERED.