Woods v. Warden, Marion Correctional Institution

Filing 16

ORDER ADOPTING 13 REPORT AND RECOMMENDATIONS signed by Judge William O. Bertelsman on 08/31/2017. the Report and Recommendation of the Magistrate Judge (Doc. 13) be, and it hereby is, adopted as the findings of fact and conclusions of law of this Court; and that because this Court lacks jurisdiction in this matter involving a successive habeas petition, within the meaning of 28 U.S.C. § 2244(b), respondents motion to transfer the petition (Doc. 7) be, and hereby is, GRANTED and that the petition(Doc.1) is TRANSFERRED pursuant to 28 U.S.C. §1631 to the United States Court of Appeals for the Sixth Circuit for review and determination as to whether the District Court may consider the successive claims for relief. (bjc)(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
CIVIL ACTION NO. 1:16-cv-922 (WOB-KLL)

JEFFERY WOODS
VS.

PETITIONER
JUDGMENT

WARDEN, MARION CORRECTIONAL
INSTITUTION

RESPONDENT

This matter is before the Court on the Report and
Recommendation of the United States Magistrate Judge (Doc. 13),
and having considered de novo those objections filed thereto by
Petitioner (Doc. 15), and the Court being sufficiently advised,
IT IS ORDERED that the objections (Doc. 15) to the Report
and Recommendation (Doc. 13) be, and hereby are, overruled. That
the Report and Recommendation of the Magistrate Judge (Doc. 13)
be, and it hereby is, adopted as the findings of fact and
conclusions of law of this Court; and that because this Court
lacks jurisdiction in this matter involving a successive habeas
petition, within the meaning of 28 U.S.C. § 2244(b),
respondent’s motion to transfer the petition (Doc. 7) be, and
hereby is, GRANTED and that the petition(Doc.1) is TRANSFERRED
pursuant to 28 U.S.C. §1631 to the United States Court of
Appeals for the Sixth Circuit for review and determination as to

whether the District Court may consider the successive claims
for relief.
This 31st day of August, 2017.