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17-80126 - Weaver v. Masters


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17-80126 - Weaver v. Masters
June 21, 2016
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PROPOSED FINDINGS AND RECOMMENDATION: It is RECOMMENDED that the District Court CONSTRUE Petitioner's 1 Petition for Writ of Habeas Corpus (2241) as a Motion to Vacate, Set Aside or Correct Sentence under 28 U.S.C. Section 2255, and TRANSFER it to the United States District Court for the Southern District of Florida. Petitioner is NOTIFIED that if he intends to file a Section 2255 Motion based on a Johnson claim, he MUST do so with the Southern District of Florida before 6/26/2016. Should Petitioner not agree with the Court that his Section 2241 Petition should be re-characterized as a Section 2255 Motion, the undersigned recommends that his Section 2241 Petition be dismissed. This case no longer referred to Magistrate Judge Omar J. Aboulhosn. Objections to Proposed F&R due by 7/8/2016. Signed by Magistrate Judge Omar J. Aboulhosn on 6/21/2016. (cc: Petitioner, pro se) (arb)
February 1, 2017
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MEMORANDUM OPINION AND ORDER: The court adopts Magistrate Judge Aboulhosn's PF&R as follows: 1) Petitioner's 1 Application for Writ of Habeas Corpus by a Person in Federal Custody Pursuant to 28 U.S.C. § 2241 is CONSTRUED as a Motion to Vacate, Set Aside or Correct Sentence under 28 U.S.C. § 2255; and 2) Petitioner's Application for Writ of Habeas Corpus is TRANSFERRED to the United States District Court for the Southern District of Florida. Signed by Senior Judge David A. Faber on 2/1/2017. (cc: Petitioner; attys; Clerk, Southern District of Florida) (mk)