Smith v. Warden, Warren Correctional Institution

Justia Dockets & Filings Sixth Circuit Ohio Southern District Smith v. Warden, Warren Correctional Institution

Smith v. Warden, Warren Correctional Institution

Petitioner:	Lamont Arena Smith
Respondent:	Warden, Warren Correctional Institution
Case Number:	1:2009cv00107
Filed:	February 11, 2009
Court:	US District Court for the Southern District of Ohio
Office:	Habeas Corpus (General) Office
County:	HAMILTON
Presiding Judge:	Timothy S. Black
Presiding Judge:	Susan J. Dlott
Nature of Suit:	None
Cause of Action:	Federal Question
Jury Demanded By:	28:2254 Petition for Writ of Habeas Corpus (State)

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Date Filed	Document Text
September 25, 2009	Filing 14 ORDER by Chief Judge Susan J. Dlott ADOPTING REPORT AND RECOMMENDATIONS for 11 Report and Recommendations. Accordingly, respondent's motion to dismiss the petition (Doc. 10) is DENIED because the Court lacks jurisdiction over the matter. Resp ondent's alternative motion to transfer (Doc. 10) is GRANTED and petitioner's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 is TRANSFERRED pursuant to 28 U.S.C. § 1631 to the United States Court of Appeals for th e Sixth Circuit for consideration whether the district court may review the petition in accordance with 28 U.S.C. § 2244 (b). Petitioner's motions to expand the record and for an evidentiary hearing (Docs. 2 and 3) is DENIED as moot. (sct1)

Date Filed

Document Text

September 25, 2009

Filing 14 ORDER by Chief Judge Susan J. Dlott ADOPTING REPORT AND RECOMMENDATIONS for 11 Report and Recommendations. Accordingly, respondent's motion to dismiss the petition (Doc. 10) is DENIED because the Court lacks jurisdiction over the matter. Resp ondent's alternative motion to transfer (Doc. 10) is GRANTED and petitioner's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 is TRANSFERRED pursuant to 28 U.S.C. § 1631 to the United States Court of Appeals for th e Sixth Circuit for consideration whether the district court may review the petition in accordance with 28 U.S.C. § 2244 (b). Petitioner's motions to expand the record and for an evidentiary hearing (Docs. 2 and 3) is DENIED as moot. (sct1)

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Respondent: Warden, Warren Correctional Institution
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Petitioner: Lamont Arena Smith
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