Robinson v. FCI Berlin, Warden

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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Zhivago Robinson
v. 	Case No. 18-cv-568-JD
Robert Hazlewood, Warden,
FCI Berlin
REPORT AND RECOMMENDATION
In a case that has been transferred to this court from the
District of Massachusetts, see Doc. No. 4, Zhivago Robinson
petitions for a writ of habeas corpus (Doc. No. 1), pursuant to
28 U.S.C. § 2241. 	The matter is before this magistrate judge
for preliminary review, to determine whether the petition is
facially valid and may proceed. 	See 28 U.S.C. § 2243; LR
4.3(d)(4)(A); Rule 4 of the Rules Governing Section 2254 cases
(“§ 2254 Rules”); see also § 2254 Rule 1(b) (explaining that §
2254 Rules may apply to § 2254 petitions).
Robinson originally filed the petition in this case in the
District of Massachusetts. 	Because he was incarcerated in New
Hampshire at the time, the District of Massachusetts ordered
that the matter be transferred to this court. 	Prior to the
transfer, however, Robinson filed the same petition in this
court, which was docketed as 18-cv-287-JL, which the court has
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directed be served upon the respondent in an Order issued this
date.
Because the petition in this case is identical to the
petition in 18-cv-287-JL, the district judge should dismiss this
case as duplicative. 	Any objection to this Report and
Recommendation must be filed within fourteen days of receipt of
this notice. 	See Fed. R. Civ. P. 72(b)(2). 	The fourteen-day
period may be extended upon motion. 	Failure to file a specific
written objection to the Report and Recommendation within the
specified time waives the right to appeal the district court’s
order. 	See Santos-Santos v. Torres-Centeno, 842 F.3d 163, 168
(1st Cir. 2016).
______________________________
Andrea K. Johnstone
United States Magistrate Judge
October 26, 2018
cc: 	Zhivago Robinson, pro se
Case 1:18-cv-00568-JD Document 9 Filed 10/26/18 Page 2 of 2