Thompson v. Mohr et al

Filing 8

ORDER adopting and affirming 4 the Report and Recommendation. This action is hereby TRANSFERRED to the United States District Court for the Northern District of Ohio, Western Division. Signed by Judge Michael H. Watson on 6/13/14. (jk1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
DELREECE M. THOMPSON,
Petitioner,
Civil Action 2:14-cv-374
Judge Watson
Magistrate Judge King

vs.

WARDEN-DIRECTOR GARY MOHR, eta/.,
Respondents.

ORDER

Delreece M. Thompson, a state prisoner, instituted this action seeking
habeas corpus relief under 28 U.S.C. § 2254 and monetary relief under 42
U.S.C. § 1983. Complaint, ECF 1. On May 21, 2014, the United States
Magistrate Judge ordered Mr. Thompson to file a habeas corpus petition
consistent with the provisions of Rule 2 of the Rules Governing Section 2254
Cases in the United States District Courts and recommended that the claims
under§ 1983 be dismissed. Order and Report and Recommendation, ECF 4.
Mr. Thompson was advised of his right to object to the recommendation and of
the consequences of his failure to do so. He has filed a petition for a writ of

habeas corpus under 28 U.S.C. § 2254, Petition, ECF 6, but has not filed an
objection to the recommendation that the claims under§ 1983 be dismissed.
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Accordingly, the Report and Recommendation, ECF 4, is ADOPTED AND

AFFIRMED. The claims under 42 U.S.C. § 1983 are DISMISSED. The case will
proceed on the claims under 28 U.S.C. § 2254.
The Court construes the Petition as a challenge to Petitioner's criminal
conviction in the Court of Common Pleas for Marion County, Ohio. Petitioner is
currently incarcerated in the North Central Correctional Institution in Marion,
Ohio. Marion County falls within the territorial jurisdiction of the United States
District Court for the Northern District of Ohio. 28 U.S.C. § 115(a)(2). This
habeas corpus action is therefore properly venued in that District. See 28 U.S.C.

§ 2241(d).
This action is hereby ORDERED TRANSFERRED to the United States
District Court for the Northern District of Ohio, Western Division.

Mt~TSON, JUDGE
UNITED STATES DISTRICT COURT

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