United States District Court, M.D. Alabama, Northern Division
April 7, 2015
TIMOTHY W. STOKES, # 258541, Petitioner,
CARTER DAVENPORT, et al., Respondents.
RECOMMENDATION OF THE MAGISTRATE JUDGE
WALLACE CAPEL, Jr., Magistrate Judge.
This cause is before the court on a pro se 28 U.S.C. § 2254 petition for habeas corpus relief filed on March 29, 2015, by Timothy W. Stokes ("Stokes"), a state inmate incarcerated at Easterling Correctional Facility in Clio, Alabama. Doc. No. 1. Stokes challenges his guilty plea convictions entered in 2008 in the Circuit Court of Jefferson County, Alabama (Bessemer Division), for the offenses of sexual abuse in the first degree and sodomy in the first degree.
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). Stokes challenges his convictions and sentence entered by the Circuit Court of Jefferson County, Alabama (Bessemer Division). Jefferson 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.
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 April 21, 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).