Whitt v. Warden, Lebanon Correctional Insititution

Filing 6

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.)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION STEPHEN H. WHITT, Petitioner, CASE NO. 2:17-CV-110 JUDGE GEORGE C. SMITH Magistrate Judge Deavers v. WARDEN, LEBANON CORRECTIONAL INSTITUTION, Respondent. 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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