JOHN R. TUNHEIM, District Judge.
Petitioner Calvin Scott Wedington has brought a petition for a writ of habeas corpus under 28 U.S.C. § 2241, seeking release from federal custody. This matter is now before the Court on Wedington's objections to a Report and Recommendation ("R&R") issued by United States Magistrate Judge Franklin L. Noel on November 15, 2012. The Magistrate Judge recommended that the Court summarily dismiss Wedington's petition. The Court has reviewed de novo the portions of the R&R to which Wedington objects. See 28 U.S.C. § 636(b)(1); D. Minn. LR 72.2(b). For the reasons outlined below, the Court will overrule the objections, adopt the R&R, and order that Wedington's petition for habeas relief be dismissed.
Wedington is a federal prisoner serving a life sentence that was imposed in 1982 after he pleaded guilty to second-degree murder in the District of Maryland. He has been confined at the Federal Medical Center in Rochester, Minnesota, since 2005, pursuant to a commitment order under 18 U.S.C. § 4245, which "provides for the hospitalization of an imprisoned person suffering from a mental disease or defect, until he no longer needs treatment or his prison sentence expires, whichever occurs first." United States v. Wedington, 409 F. App'x 969, 970 (8
On September 6, 2012, Wedington filed a petition for a writ of habeas corpus (the "September petition") in the District of Columbia under 28 U.S.C. § 2241, requesting release from custody. (Case No. 12-2474, Pet., Sept. 6, 2012, Docket No. 1.) The case was transferred to this District, and on October 11, 2012, the Magistrate Judge issued an R&R recommending the summary dismissal of Wedington's petition. (Case No. 12-2474, R&R, Oct. 11, 2012, Docket No. 6.) Wedington filed objections to the R&R on October 19, 2012. (Case No. 12-2474, Objections, Oct. 19, 2012, Docket No. 7.) This Court overruled Wedington's objections, and dismissed the September petition without prejudice. (Case No. 12-2474, Order, Nov. 9, 2012, Docket No. 12.)
On October 15, 2012, before objecting to the Magistrate Judge's R&R regarding the September petition, Wedington filed another habeas petition (the "October petition") in the District of Columbia that was nearly identical to the September petition.
Upon the filing of a Report and Recommendation by a magistrate judge, a party may "serve and file specific written objections to the proposed findings and recommendations." Fed. R. Civ. P. 72(b)(2); accord D. Minn. LR 72.2(b). "The objections should specify the portions of the magistrate judge's report and recommendation to which objections are made and provide a basis for those objections." Mayer v. Walvatne, Civ. No. 07-1958, 2008 WL 4527774, at *2 (D. Minn. Sept. 28, 2008). "The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to." Fed. R. Civ. P. 72(b)(3).
Wedington's filing raises only two arguments which are cognizable as objections to the Magistrate Judge's R&R. Because Wedington's other statements — referencing, for example, his right to equal employment opportunities, his military background, and his impeachment of a judge — are unclear and do not reference the R&R, the Court will address only Wedington's objections to this Court's jurisdiction and the authority of the Magistrate Judge to review habeas petitions.
Wedington objects to the R&R, arguing that jurisdiction over his petition was proper in the District of Columbia — where Wedington filed his petition — and that this Court lacks jurisdiction. "A petitioner may attack the execution of his sentence through § 2241
Wedington next seems to object to the Magistrate Judge's involvement in reviewing his habeas petition.
Based upon all of the files, records, and proceedings herein, the Court
1. Petitioner's applications for leave to proceed in forma pauperis [Docket No. 2] and [Docket No. 6] are
3. Petitioner's Petition for Writ of Habeas Corpus [Docket No. 1] is
The Clerk of Court is respectfully