Stenson v. Warden, Warren Correctional Institution

Filing 11

DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 10 ) The petition for a writ of habeas corpus (Doc. 1 ) is TRANSFERRED pursuant to 28 U.S.C. Section 1631 to the United States Court of Appeals f or the Sixth Circuit for consideration of whether the district court may review the petition in accordance with 28 U.S.C. Section 2244(b). Signed by Judge Timothy S. Black on 1/3/2017. (mr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
CHRISTOPHER STENSON,
Petitioner,
vs.
WARDEN, WARREN
CORRECTIONAL INSTITUTION,
Respondent.

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Case No. 1:16-cv-357
Judge Timothy S. Black
Magistrate Judge Stephanie K. Bowman

DECISION AND ENTRY
ADOPTING THE REPORT AND RECOMMENDATIONS
OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 10)
This case 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 Stephanie K. Bowman. Pursuant to such reference, the
Magistrate Judge reviewed the pleadings filed with this Court and, on December 7, 2016,
submitted a Report and Recommendations. (Doc. 10). No objections were filed.
As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), 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 Report and Recommendations should be and is hereby adopted in its
entirety.
Accordingly, Respondent’s motion to transfer Petitioner’s habeas petition to the
Sixth Circuit Court of Appeals (Doc. 8) is GRANTED and the petition for a writ of

habeas corpus (Doc. 1) is TRANSFERRED pursuant to 28 U.S.C. Section 1631 to the
United States Court of Appeals for the Sixth Circuit for consideration of whether the
district court may review the petition in accordance with 28 U.S.C. Section 2244(b).
IT IS SO ORDERED.
1/3/17
Date: __________

_______________________
Timothy S. Black
United States District Judge

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