UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION (at Lexington)

MONTRELL D. GREEN, ) ) Petitioner, ) Civil Action No. 5: 22-295-DCR ) V. ) ) STATE OF FLORIDA, ) MEMORANDUM ORDER ) Respondent. )

*** *** *** *** Petitioner Montrell Green is confined at the Suwannee Correctional Institution in Live Oak, Florida. He has filed a “Motion for Post-Conviction Relief Pursuant to Florida Rules of Criminal Procedure 3.850(M) Petition for Habeas Corpus.” [Record No. 1] Upon initial review of the petition, United States Magistrate Judge Hanly A. Ingram observed that “even if the ‘Motion’ is construed as a federal habeas corpus petition under

. . . the Eastern District of Kentucky is not the appropriate venue.” Green seeks to challenge a judgment entered by the Circuit Court of Lee County, Florida, which lies within the Middle District of Florida. “Writs of habeas corpus may be granted by . . . the district courts . . . within their respective jurisdictions.”

(a). Fourteen days have passed since entry of the Magistrate Judge’s Report and Recommendation and the parties have failed to object. Although this Court must make a de novo determination of those portions of the Magistrate Judge’s recommendations to which timely objections are made,

(b)(1)(C), “[i]t does not appear that Congress intended to require district court review of a magistrate’s factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings.” Thomas v. Arn,

(1985). Accordingly, it is hereby ORDERED as follows: l. The Magistrate Judge’s Report and Recommendation [Record No. 4] is ADOPTED and INCORPORATED in full. 2. This matter is TRANSFERRED to the United States District Court for the Middle District of Florida, Jacksonville Division, for further proceedings Dated: November 28, 2022. aol. Be om Danny C. Reeves, Chief Judge Wares) (United States District Court “Gis SS Eastern District of Kentucky

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