Norman v. Warden, Pickaway Correctional Institution
ORDER ADOPTING REPORT AND RECOMMENDATION. This action is TRANSFERRED to the United States Court of Appeals for the Sixth Circuit as successive. Signed by Judge Algenon L. Marbley on 6/9/2017. (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
REDAN ROOSEVELT NORMAN,
CASE NO. 2:17-CV-319
JUDGE ALGENON L. MARBLEY
Magistrate Judge Kimberly A. Jolson
OPINION AND ORDER
On April 25, 2017, 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 successive. (Doc. 2.) Petitioner has filed an Objection to the Magistrate Judge’s
Report and Recommendation. (Doc. 3.)
Petitioner argues that his judgment is void because the state trial court lacked venue and
subject matter jurisdiction and that he thereby was denied due process, based upon new evidence
that could not have been earlier discovered indicating that Fairfield County issued the victim’s
death certificate. However, as noted by the Magistrate Judge, Petitioner nonetheless must obtain
authorization for the filing of this successive petition from the United States Court of Appeals for
the Sixth Circuit before this Court can consider his claims. 28 U.S.C. § 2244(b); Nelson v.
United States, 115 F.3d 136 (2nd Cir. 1997); Hill v. Hopper, 112 F.3d 1088 (11th Cir. 1997).
Pursuant to 28 U.S.C. § 636(b), this Court has conducted a de novo review. For the
reasons that follow, Petitioner’s Objection (Doc. 3) is OVERRULED.
The Report and
Recommendation (Doc. 2) is ADOPTED and AFFIRMED. This action is TRANSFERRED to
the United States Court of Appeals for the Sixth Circuit as successive.
IT IS SO ORDERED.
s/Algenon L. Marbley
ALGENON L. MARBLEY
United States District Judge
DATED: June 9, 2017
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?