Mapp v. Warden North Central Correctional Institution

Filing 9

ORDER ADOPTING and AFFIRMING the REPORT AND RECOMMENDATION 7 in that this action is TRANSFERRED to the United States Court of Appeals for the Sixth Circuit as a successive petition. Signed by Judge George C. Smith on 10/19/16. (sem)(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
WILLIE E. MAPP,
Petitioner,
CASE NO. 2:16-CV-00761
JUDGE GEORGE C. SMITH
MAGISTRATE JUDGE JOLSON

v.
NORTH CENTRAL
CORRECTIONAL COMPLEX,
Respondent.

OPINION AND ORDER
On August 19, 2016, the Magistrate Judge issued a Report and Recommendation pursuant
to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts
recommending that this action be transferred to the United States Court of Appeals for the Sixth
Circuit as a successive petition. (ECF No. 7). Petitioner has filed an Objection to the Magistrate
Judge’s Report and Recommendation. (ECF No. 8).
Petitioner objects to the Magistrate Judge’s recommendation that this case be transferred
to the Court of Appeals as successive. Petitioner claims that his sentence is void because the trial
court failed to provide him with proper post-release control notification under Ohio law, that he
has been denied due process and equal protection, and that application of the doctrine of res
judicata would serve an injustice. Petitioner requests that his void sentence be remanded to the
trial court for a re-sentencing hearing.
However, as noted by the Magistrate Judge, this is not Petitioner’s first federal habeas
corpus petition. Petitioner’s claims could have been raised, but were not, in his prior federal
habeas corpus petition.

Under these circumstances, this Court lacks jurisdiction absent

authorization from the Sixth Circuit.

Pursuant to 28 U.S.C. § 636(b), this Court has conducted a de novo review. For the
reasons that follow, Petitioner’s Objection (ECF No. 8) is OVERRULED. The Report and
Recommendation (ECF No. 7) is ADOPTED and AFFIRMED.

This action is hereby

TRANSFERRED to the United States Court of Appeals for the Sixth Circuit as a successive
petition.
IT IS SO ORDERED.

s/ George C. Smith
___________
GEORGE C. SMITH, JUDGE
UNITED STATES DISTRICT COURT

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