Grant v. Warden Belmont Correctional Institution

Filing 12

ORDER adopting Report and Recommendation re 11 Report and Recommendation transferring this matter as a successive petition to the Sixth Circuit Court of Appeals. Signed by Judge Michael R. Barrett on 8/15/17. (ba)(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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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION James Grant, Petitioner, v. Case No. 1:14cv878 Warden, Belmont Correctional Institution, Judge Michael R. Barrett Respondent. ORDER This matter is before the Court on the Report and Recommendation filed by the Magistrate Judge on July 24, 2017 (Doc. 11). Proper notice has been given to the parties under 28 U.S.C. ' 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the Magistrate Judge=s Report and Recommendation have been filed. Accordingly, it is ORDERED that the Report and Recommendation (Doc. 11) of the Magistrate Judge is hereby ADOPTED. Pursuant to 28 U.S.C. § 2254, the Petition in this matter is transferred to the Sixth Circuit as a successive petition within the meaning of 28 U.S.C. § 2244(b) consistent with the recommendation by the Magistrate Judge. IT IS SO ORDERED. s/Michael R. Barrett Michael R. Barrett United States District Judge 1

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