Silva v. Warden, Chillicothe Correctional Institution

Filing 8

ORDER granting 6 Motion to Dismiss for Lack of Jurisdiction; adopting Report and Recommendations re 7 Report and Recommendations.. Signed by Judge James L. Graham on 9/6/2016. (ds)(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
EASTERN DIVISION
JESUS SILVA,
CASE NO. 2:16-CV-00381
JUDGE JAMES L. GRAHAM
Magistrate Judge Elizabeth A. Preston Deavers

Petitioner,
v.
WARDEN, CCI,
Respondent.

OPINION AND ORDER
On July 29, 2016, the Magistrate Judge issued a Report and Recommendation
recommending that Respondent’s Motion to Dismiss for Lack of Jurisdiction (ECF No. 6) be
granted and that this action be transferred to the United States Court of Appeals for the Sixth
Circuit as a successive petition. (ECF No. 7.) Although the parties were advised of the right to
object to the Magistrate Judge’s Report and Recommendation, and of the consequences of failing
to do so, no objections have been filed.
The Report and Recommendation (ECF No. 7) is ADOPTED and AFFIRMED.
Respondent’s Motion to Dismiss for Lack of Jurisdiction (ECF No. 6) is GRANTED. This
action is TRANSFERRED to the United States Court of Appeals for the Sixth Circuit as a
successive petition.
IT IS SO ORDERED.
Date: September 6, 2016

_______s/James L. Graham
JAMES L. GRAHAM
United States District Judge

___