Filed: Aug. 15, 2016
Latest Update: Aug. 15, 2016
Summary: RECOMMENDATION OF THE MAGISTRATE JUDGE SUSAN RUSS WALKER , Chief Magistrate Judge . This case is before the court on petition for writ of habeas corpus under 28 U.S.C. 2254 filed through counsel on behalf of Joel Patrick Moyers. Moyers was convicted of capital murder in May 2015 after a trial in the Circuit Court of Limestone County, Alabama, and was sentenced to life in prison without the possibility of parole. He appealed to the Alabama Court of Criminal Appeals. While his appeal was pe
Summary: RECOMMENDATION OF THE MAGISTRATE JUDGE SUSAN RUSS WALKER , Chief Magistrate Judge . This case is before the court on petition for writ of habeas corpus under 28 U.S.C. 2254 filed through counsel on behalf of Joel Patrick Moyers. Moyers was convicted of capital murder in May 2015 after a trial in the Circuit Court of Limestone County, Alabama, and was sentenced to life in prison without the possibility of parole. He appealed to the Alabama Court of Criminal Appeals. While his appeal was pen..
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RECOMMENDATION OF THE MAGISTRATE JUDGE
SUSAN RUSS WALKER, Chief Magistrate Judge.
This case is before the court on petition for writ of habeas corpus under 28 U.S.C. § 2254 filed through counsel on behalf of Joel Patrick Moyers. Moyers was convicted of capital murder in May 2015 after a trial in the Circuit Court of Limestone County, Alabama, and was sentenced to life in prison without the possibility of parole. He appealed to the Alabama Court of Criminal Appeals. While his appeal was pending, he died in the custody of the Alabama Department of Corrections. In this § 2254 petition, Moyers' counsel argues that the state courts denied Moyers' federal due process rights by denying his motion to abate ab initio his conviction and sentence.
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). Moyers, through counsel, attacks a conviction and sentence entered by the Circuit Court of Limestone County, Alabama. Limestone County is located within the jurisdiction of the United States District Court for the Northern District of Alabama. Consequently, this court concludes that transfer of this case to such other court for hearing and determination is appropriate.1
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 shall file any objections to this Recommendation on or before August 29, 2016. A party must specifically identify the factual findings and legal conclusions in the Recommendation to which objection is made; frivolous, conclusive, or general objections will not be considered. Failure to file written objections to the Magistrate Judge's findings and recommendations in accordance with the provisions of 28 U.S.C. § 636(b)(1) shall bar a party from a de novo determination by the District Court of legal and factual issues covered in the Recommendation and waives the right of the party to challenge on appeal the District Court's order based on unobjected-to factual and legal conclusions 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); 11th Cir. R. 3-1. See Stein v. Lanning 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.
