Wilkins v. Warden, Chillicothe Correctional Institution

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 12 Report and Recommendations. The petition is TRANSFERRED to the United States Court of Appeals for the Sixth Circuit for review and determination whether the district court should grant authoriz ation to entertain the habeas corpus petition and/or respondent's pending motion to dismiss the petition on statute-of-limitations grounds. Signed by Judge Susan J. Dlott on 9/24/2015. (jee)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Dion G. Wilkins,
Petitioner(s),
vs.
Warden, Chillicothe Correctional
Respondent(s).

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Case Number: 1:14cv559
Judge Susan J. Dlott

ORDER
This matter is before the Court pursuant to the Order of General Reference in the United States
District Court for the Southern District of Ohio Western Division to United States Magistrate Judge J.
Gregory Wehrman. Pursuant to such reference, the Magistrate Judge reviewed the pleadings and filed
with this Court on June 24, 2015 a Report and Recommendations (Doc. 12). Subsequently, the
petitioner filed objections to such Report and Recommendation (Doc. 14).
The Court has reviewed the comprehensive findings of the Magistrate Judge and considered de
novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that
such Recommendation should be adopted.
Accordingly, this Court lacks jurisdiction in this matter involving a successive habeas
petition within the meaning of 28 U.S.C. §2244 (b), the petition is TRANSFERRED to the
United States Court of Appeals for the Sixth Circuit for review and determination whether the
district court should grant authorization to entertain the habeas corpus petition and/or respondent’s
pending motion to dismiss the petition on statute-of-limitations grounds.
IT IS SO ORDERED.

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