Edwards v. Warden, Ross Correctional Institution

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 8 Report and Recommendations. Accordingly, respondents motion to dismiss the petition (Doc. 6) is DENIED to the extent respondent requests that the petition is dismissed, but GRANTED to the extent res pondent alternatively requests that the petition be transferred to the Sixth Circuit for review and determination whether the district court will be granted authorization to entertain the successive petition.The petition for a writ of habeas corpus ( Doc. 1) is TRANSFERRED pursuant to 28 U.S.C. § 1631 to the United States Court of Appeals for the Sixth Circuit for consideration whether the district court may review the petition in accordance with 28 U.S.C. § 2244(b).. Signed by Chief Judge Susan J. Dlott on 3/14/11. (wam1)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Kenneth L. Edwards, Petitioner(s), vs. Warden, Ross Correctional Institution, Respondent(s).

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Case Number: 1:10cv637 Chief Judge Susan J. Dlott

ORDER The Court has reviewed the Report and Recommendation of United States Magistrate Judge Stephanie K. Bowman filed on January 10, 2011(Doc. 8), to whom this case was referred pursuant to 28 U.S.C. §636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) expired January 31, 2011, hereby ADOPTS said Report and Recommendation. Accordingly, respondent's motion to dismiss the petition (Doc. 6) is DENIED to the extent respondent requests that the petition is dismissed, but GRANTED to the extent respondent alternatively requests that the petition be transferred to the Sixth Circuit for review and determination whether the district court will be granted authorization to entertain the successive petition. The petition for a writ of habeas corpus (Doc. 1) is TRANSFERRED pursuant to 28

U.S.C. § 1631 to the United States Court of Appeals for the Sixth Circuit for consideration whether the district court may review the petition in accordance with 28 U.S.C. § 2244(b). IT IS SO ORDERED.

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___s/Susan J. Dlott___________ Chief Judge Susan J. Dlott United States District Court