Rodriguez v. Warden, Belmont Correctional Institution

Filing 5

OPINION and ORDER adopting and affirming 4 the Report and Recommendation. Signed by Judge Michael H. Watson on 6/1/18. (jk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

Julio Rodriguez,
Petitioner,

Case No. 2:18-CV-114

V.

Judge Michael H. Watson
Magistrate Judge Chelsey M. Vascura

David Gray, Warden,
Belmont Correctional Institution,

Respondent.
OPINION AND ORDER

On February 12, 2018, Petitioner, a state prisoner, sought a petition for a

writ of habeas corpus under 28 U.S.C. § 2254. EOF No. 1. On March 19, 2018,
the Magistrate Judge issued a Report and Recommendation ("R&R")

recommending that the petition be transferred to the Sixth Circuit as successive
because it constitutes Petitioner's second attempt to challenge the same 1995
state court conviction under § 2254. EOF No. 4. A review of this Court's docket

in Rodriguez v. DeWitt, Case No. 2:99-cv-879 (S.D. Ohio, Sept. 10,1999) also
reveals that Petitioner could have brought the claims that he currently asserts—
involving allegations about the state court judge's actions in 1995—in his

previous § 2254 action. In re Bowen, 436 F.Sd 699, 704 (6th Cir. 2006) (citing
McClesky v. Zant, 499 U.S. 467, 489 (1991)). Moreover, although Petitioner was
advised of the right to object to the Magistrate Judge's R&R, and of the
consequences of failing to do so, no objections have been filed. The R&R, ECF

No. 4, is therefore, ADOPTED and AFFIRMED. Petitioner's motion to amend is
DENIED.
IT IS SO ORDERED.

nCHAEL H. WAtSON, JUDGE
UNITED STATES DISTRICT COURT