Harris v. Warden Chillicothe Correctional Institution
| Ronald E Harris |
| Warden Chillicothe Correctional Institution |
| 3:2012cv00410 |
| December 7, 2012 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| CHAMPAIGN |
| Michael R Merz |
| Walter H Rice |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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The following documents for this case are available for you to view or download:
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Filing
22
DECISION AND ORDER DENYING REQUEST TO TRANSFER 21 . Signed by Magistrate Judge Michael R Merz on 11/4/2013. (kpf1)
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Filing
17
REPORT AND RECOMMENDATIONS - Petitioner seeks a 60-day extension of time to prepare a transcript in connection with his objections to the pending Report and Recommendations. The request is moot because there is no oral hearing or testimony to transcr ibe and therefor no transcript is necessary. Secondly, Petitioner also requested free copies of filed documents due to his indigency. The Policy of the Judicial Conference of the United States requires that all persons requesting copies of court doc uments pay for them. Finally, Petitioner seeks "appointment of counsel for review." Petitioner has not obtained permission to proceed from the Sixth Circuit. The request for counsel should be denied. Objections to R&R due by 7/15/2013. Signed by Magistrate Judge Michael R Merz on 6/27/2013. (kpf1)
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Filing
9
DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 4 ) IN THEIR ENTIRETY; OVERRULING PETITIONER'S OBJECTIONS THERETO (DOC. # 8 ); DISMISSING PETITION FOR WRIT OF HABEAS CORPUS (DOC. # 1 ) FOR LACK OF JURISDICTION; TERMINATION ORDER. Signed by Judge Walter H Rice on 03/04/13. (pb1)
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Filing
7
DECISION AND ORDER denying Petitioner's "Motion Requesting To Transfer in the Record and Copy of Record" (Doc. No. 6). Signed by Magistrate Judge Michael R Merz on 1/14/2013. (kpf1)
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Filing
4
REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus, filed by Ronald E Harris. Under 28 U.S.C. 2244(b), a habeas petitioner may not proceed on a second or successive application unless he or she has obtained permission to do so fr om the Circuit Court of Appeals. District courts lack jurisdiction to proceed on such a petition without permission from the appellate court. Burton v. Stewart, 549 U.S. 147 (2007). Because Harris has notreceived permission from the Sixth Circuit to proceed on this second or successive petition, it should be dismissed for lack of jurisdiction. Because the Sixth Circuit has already denied Harris permission to proceed on a second or successive petition, it would be futile to transfer the case to that court under In re Sims, 111 F.3d 45 (6th Cir. 1997). Objections to R&R due by 12/27/2012. Signed by Magistrate Judge Michael R Merz on 12/10/2012. (kf)
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| Plaintiff: Ronald E Harris | |
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| Respondent: Warden Chillicothe Correctional Institution | |
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