Marshall v. Warden Pickaway Correctional Institution
ORDER ADOPTING REPORT AND RECOMMENDATIONS; OVERRULING Petitioner's Objections. This action is DISMISSED. Signed by Judge Algenon L. Marbley on 2/17/2017. (cw)(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
KENNETH ADAM MARSHALL,
CASE NO. 2:15-CV-2775
JUDGE ALGENON L. MARBLEY
MAGISTRATE JUDGE KEMP
OPINION AND ORDER
On September 28, 2016, final judgment was entered dismissing the instant petition for a
writ of habeas corpus pursuant to 28 U.S.C. § 2254. (ECF No. 24.) On October 20, 2016, the
Court granted Petitioner’s Motion for Reconsideration (ECF No. 25), permitting Petitioner to file
objections to the Magistrate Judge’s Order and Report and Recommendation for consideration
by this Court. (ECF No. 27.) Petitioner has filed a Responsive Pleading to the Court (ECF No.
30), which the Court will construe as Petitioner’s objections to the Magistrate Judge’s
recommendation of dismissal of this case. (See ECF No. 21.)
Therefore, the Order Adopting the Report and Recommendation and Judgment of
dismissal of this action (ECF Nos. 23, 24) without consideration of Petitioner’s objections are
Pursuant to 28 U.S.C. § 636(b), this Court has conducted a de novo review. For the
reasons that follow, Petitioner’s objections (ECF No. 30) are OVERRULED. The Order and
Report and Recommendation (ECF No. 21) is ADOPTED and AFFIRMED. This action is
In his Responsive Pleading to the Court, Petitioner indicates that he has submitted
exhibits demonstrating that he provided notice to the Respondents requesting processing of the
warrants, detainers and holders against him, which were ignored. Additionally, he states that he
requested and was denied participation in programs, “PRC/Early Release” and suffered other
losses as a result. He has attached documents in support of this claim.
However, this case relates to a detainer that apparently has been placed against Petitioner
by the State of Indiana. Petitioner has failed to meet the requirement that he be “in custody” so
as to obtain federal habeas corpus relief. See 28 U.S.C. § 2254(a); Carafas v. LaVallee, 391 U.S.
234, 238 (1968). Moreover, Petitioner has been released from prison, and the Warden of the
Pickaway Correctional Institution is not a party against whom a challenge to out-of-state
warrants may be brought.
Petitioner has presented no basis for the reconsideration of the Magistrate Judge’s
recommendation of dismissal of this case. For these reasons, and for the reasons addressed in the
Magistrate Judge’s Order and Report and Recommendation, Petitioner’s objections (ECF No.
30) are OVERRULED.
The Order and Report and Recommendation (ECF No. 21) is ADOPTED and
AFFIRMED. This action is hereby DISMISSED.
IT IS SO ORDERED.
s/Algenon L. Marbley
ALGENON L. MARBLEY
United States District Judge
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