Martin v. Warden, Belmont Correctional Institution
| William E Martin, II |
| Warden, Belmont Correctional Institution |
| 2:2023cv00459 |
| January 30, 2023 |
| US District Court for the Southern District of Ohio |
| Karen L Litkovitz |
| Algenon L Marbley |
| Michael R Merz |
| Edmund A Sargus |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on March 17, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| PAPERLESS DOCUMENT- USCA CASE NUMBER, 23-3224: Proceedings transferred to the Sixth Circuit. Case manager Michelle Lambert. (er) |
Filing 6
TRANSFER ORDER - Determination of whether a petition is second or successive is to be made in the first instance by the District Court. In re: Kenneth Smith, 690 F.3d 809 (6th Cir. 2012); In re Sheppard, 2012 U.S. App. LEXIS 13709 (6th Cir. May 25, 2012). The Court finds the instant petition is indeed second or successive and this Court does not have jurisdiction to consider it on the merits. Burton v. Stewart, 549 U.S. 147 (2007); Franklin v. Jenkins, 839 F.3d 465(6th Cir. 2016). Once the District Court has made that finding, its only option is to transfer the case to the relevant circuit court of appeals. In re Sims, 111 F.3d 45 (6th Cir. 1997). It is accordingly ORDERED that the Clerk transfer this case to the United States Court of Appeals for the Sixth Circuit for that courts determination under 28 U.S.C. 2244 of whether Petitioner may proceed. Signed by Magistrate Judge Michael R. Merz on 3/16/2023. (bjr) (Copy to US Court of Appeals for the Sixth Circuit at their designated email address.) (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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| ***Civil Case Terminated. (bjr) |
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Filing 5
Notation ORDER finding as moot #2 Motion to Stay: Chief Judge Marbley has denied the Motion to Amend in Case No. 2:21-cv-5102. Signed by Magistrate Judge Michael R. Merz on 03/16/2023. (MRM)
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Filing 4
RELATED CASE MEMORANDUM ORDER: The Judges agree that this case and case number 2:21-cv-5102 ARE related. Case reassigned to Chief Judge Algenon L. Marbley and Magistrate Judge Michael R. Merz for all further proceedings. Signed by Chief Judge Algenon L. Marbley and Judge Edmund A. Sargus on 3/15/2023. (daf)(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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| Filing Fee Received: $5.00, receipt no. 200001866 (tla) |
| Filing 2 MOTION for Stay and Abeyance by Petitioner William E Martin, II. (Attachments: #1 Envelope) (daf) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by William E Martin, II. (Attachments: #1 Civil Cover Sheet, #2 Envelope) (daf) |
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| Petitioner: William E Martin, II | |
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| Respondent: Warden, Belmont Correctional Institution | |
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