Whitt v. Warden, Lebanon Correctional Insititution
ORDER ADOPTING and AFFIRMING the REPORT AND RECOMMENDATION 3 in that this action is TRANSFERRED to the United States Court of Appeals for the Sixth Circuit for authorization for filing as successive. Signed by Judge George C. Smith on 2/24/17. (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
STEPHEN H. WHITT,
CASE NO. 2:17-CV-110
JUDGE GEORGE C. SMITH
Magistrate Judge Deavers
OPINION AND ORDER
On February 7, 2017, the Magistrate Judge issued a Report and Recommendation
recommending that the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254
be transferred to the United States Court of Appeals for the Sixth Circuit for authorization for
filing as successive. (ECF No. 3). Petitioner has filed an Objection to the Magistrate Judge’s
Report and Recommendation. (ECF No. 5). Petitioner again argues that the trial court lacked
jurisdiction and that he is being unconstitutionally imprisoned.
Pursuant to 28 U.S.C. § 636(b), this Court has conducted a de novo review. As discussed
in the Magistrate Judge’s Report and Recommendation, this action plainly constitutes a
successive petition. Therefore, Petitioner’s Objection (ECF No. 5) is OVERRULED. The
Report and Recommendation (ECF No. 3) is ADOPTED and AFFIRMED. This action is
TRANSFERRED to the United States Court of Appeals for the Sixth Circuit for authorization
for filing as successive.
IT IS SO ORDERED.
s/ George C. Smith__________________
GEORGE C. SMITH, JUDGE
UNITED STATES DISTRICT COURT
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