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Wayne v. McNeil

United States District Court, N.D. Florida, Gainesville Division
Jul 14, 2008
CASE NO. 1:08-cv-00132-MP-AK (N.D. Fla. Jul. 14, 2008)

Opinion

CASE NO. 1:08-cv-00132-MP-AK.

July 14, 2008


REPORT AND RECOMMENDATION


This matter is before the Court on Doc. 1, Petition for Writ of Habeas Corpus, filed by Earl Butler. Petitioner has also filed a motion for leave to proceed in forma pauperis. Doc. 2.

Petitioner is currently incarcerated in Columbia County, Florida, and challenges his conviction from the Circuit Court of Seminole County, Florida. Doc. 1. Jurisdiction is therefore appropriate in the United States District Court for the Middle District of Florida, as the district of confinement and conviction. 28 U.S.C. § 2241(d). Under no circumstances is this cause properly pending in this district.

It is therefore respectfully RECOMMENDED that this case be TRANSFERRED to the United States District Court for the Middle District of Florida for all further proceedings.

IN CHAMBERS at Gainesville, Florida.

NOTICE TO THE PARTIES

A party may file specific, written objections to the proposed findings and recommendations within 15 days after being served with a copy of this report and recommendation. A party may respond to another party's objections within 10 days after being served with a copy thereof. Failure to file specific objections limits the scope of review of proposed factual findings and recommendations.


Summaries of

Wayne v. McNeil

United States District Court, N.D. Florida, Gainesville Division
Jul 14, 2008
CASE NO. 1:08-cv-00132-MP-AK (N.D. Fla. Jul. 14, 2008)
Case details for

Wayne v. McNeil

Case Details

Full title:ALAN WAYNE DAVIS, Petitioner, v. WALTER McNEIL, Respondent

Court:United States District Court, N.D. Florida, Gainesville Division

Date published: Jul 14, 2008

Citations

CASE NO. 1:08-cv-00132-MP-AK (N.D. Fla. Jul. 14, 2008)