Armstrong v. Bureau of Sentenc Computation et al

Filing 11

ORDER TO PROCEED WITH TRANSFER. Signed by Magistrate Judge Michael R. Merz on 2/8/2019. (srb)(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
WESTERN DIVISION AT DAYTON
A. D. ARMSTRONG,
Petitioner,

:

- vs -

Case No. 3:18-cv-397
District Judge Walter Herbert Rice
Magistrate Judge Michael R. Merz

Warden,
Mansfield Correctional Institution,
:
Respondent.

ORDER TO PROCEED WITH TRANSFER

On December 10, 2019, the Magistrate Judge determined that the Complaint in this case
constituted a second or successive application for habeas corpus relief and ordered it transferred
to the Sixth Circuit for that court’s determination under 28 U.S.C. § 2244(b) of whether Petitioner
would be permitted to proceed (ECF No. 5). Effectiveness of that Order was postponed to allow
Petitioner to obtain review by an Article III judge.
The time within which Petitioner might have sought such review expired December 24,
2018, and no objections have been filed. Accordingly, the Clerk is ORDERED to proceed
forthwith to transfer this case to the Sixth Circuit.
February 8, 2019.
s/ Michael R. Merz
United States Magistrate Judge

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