Woods v. Warden, Marion Correctional Institution
||Warden, Marion Correctional Institution
||September 14, 2016
||US District Court for the Southern District of Ohio
||William O. Bertelsman
||Karen L. Litkovitz
|Nature of Suit:
|Cause of Action:
||28 U.S.C. § 2254
|Jury Demanded By:
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|August 31, 2017
ORDER ADOPTING 13 REPORT AND RECOMMENDATIONS signed by Judge William O. Bertelsman on 08/31/2017. the Report and Recommendation of the Magistrate Judge (Doc. 13) be, and it hereby is, adopted as the findings of fact and conclusions of law of this Court; and that because this Court lacks jurisdiction in this matter involving a successive habeas petition, within the meaning of 28 U.S.C. § 2244(b), respondents motion to transfer the petition (Doc. 7) be, and hereby is, GRANTED and that the petition(Doc.1) is TRANSFERRED pursuant to 28 U.S.C. §1631 to the United States Court of Appeals for the Sixth Circuit for review and determination as to whether the District Court may consider the successive claims for relief. (bjc)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|July 3, 2017
ORDER that petioner's 9 Motion to take judicial notice, which is construed as a motion to amend, is Granted to the extent petitioner seeks to clarify his claims. In light of the Court's recommendation that the petition be transferred to the Sixth Circuit, petitioner's motion for appointment of counsel 5 is Denied as moot. REPORT AND RECOMMENDATION that respondent's 7 MOTION to transfer pursuant to 28 USC 1631 to the US Court of Appeals for the Sixth Circuit for revi ew and determination whether the district court may consider the successive claims for relief. ( Objections to R&R due by 7/17/2017). Signed by Magistrate Judge Karen L. Litkovitz on 7/3/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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