Caldwell v. Clipper

Caldwell v. Clipper

Petitioner:	Leo Caldwell
Respondent:	Kimberly Clipper
Case Number:	5:2014cv01546
Filed:	July 15, 2014
Court:	US District Court for the Northern District of Ohio
Office:	Akron Office
County:	Summit
Presiding Judge:	Sara Lioi
Presiding Judge:	James R. Knepp
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
November 30, 2016	Filing 17 Order of Transfer: The Court would be inclined to adopt the R&R (Doc. No. 11 ) and overrule the objections were it not for the requirements of Section 2244. Caldwell did not apply to the Sixth Circuit before proceeding with this second habeas petition. Although the R&R is well-reasoned, and transferring this case to the Court of Appeals is undoubtedly futile, the Court feels constrained to do so since, without an order from the Sixth Circuit authorizing this Court to consider the petitio n, this Court lacks jurisdiction to entertain it. Accordingly, pursuant to 28 U.S.C. Sections 1631 and 2244(b), the Court transfers this case to the United States Court of Appeals for the Sixth Circuit for further proceedings. Judge Sara Lioi on 11/30/2016. (P,J)

Date Filed

Document Text

November 30, 2016

Filing 17 Order of Transfer: The Court would be inclined to adopt the R&R (Doc. No. 11 ) and overrule the objections were it not for the requirements of Section 2244. Caldwell did not apply to the Sixth Circuit before proceeding with this second habeas petition. Although the R&R is well-reasoned, and transferring this case to the Court of Appeals is undoubtedly futile, the Court feels constrained to do so since, without an order from the Sixth Circuit authorizing this Court to consider the petitio n, this Court lacks jurisdiction to entertain it. Accordingly, pursuant to 28 U.S.C. Sections 1631 and 2244(b), the Court transfers this case to the United States Court of Appeals for the Sixth Circuit for further proceedings. Judge Sara Lioi on 11/30/2016. (P,J)

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Petitioner: Leo Caldwell
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Respondent: Kimberly Clipper
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