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Billiter v. Warden, Noble Correctional Institution

United States District Court, S.D. Ohio, Eastern Division
Aug 3, 2010
Civil Action 2:10-cv-00434 (S.D. Ohio Aug. 3, 2010)

Opinion

Civil Action 2:10-cv-00434.

August 3, 2010


ORDER


Petitioner Fred Billiter, Jr., a state prisoner, brought this action under 28 U.S.C. § 2254 for a petition for writ of habeas corpus. This matter is before the Court on Magistrate Judge Abel's July 6, 2010 Report and Recommendation that respondent's June 18, 2010 motion to dismiss the petition as a successive petition or, in the alternative, transfer it to the United States Court of Appeals for the Sixth Circuit (doc. 3) be granted and that the petition be transferred to the United States Court of Appeals for the Sixth Circuit (doc. 5).

No objections to the Report and Recommendation have been filed. Petitioner Billiter requests that the case be transferred to the Court of Appeals. Upon de novo review as required by 28 U.S.C. § 636(b)(1)(B), the Court ADOPTS the Report and Recommendation.

Respondent's June 18, 2010 motion to dismiss the petition as a successive petition or, in the alternative, transfer (doc. 3) is GRANTED and under the procedures adopted in In re Jonathan Sims, 111 F.3d 45, 47 (6th Cir. 1997) this Court hereby TRANSFERS this case to the United States Court of Appeals for the Sixth Circuit pursuant to 28 U.S.C. § 1631.


Summaries of

Billiter v. Warden, Noble Correctional Institution

United States District Court, S.D. Ohio, Eastern Division
Aug 3, 2010
Civil Action 2:10-cv-00434 (S.D. Ohio Aug. 3, 2010)
Case details for

Billiter v. Warden, Noble Correctional Institution

Case Details

Full title:Fred Billiter, Jr., Petitioner v. Warden, Noble Correctional Institution…

Court:United States District Court, S.D. Ohio, Eastern Division

Date published: Aug 3, 2010

Citations

Civil Action 2:10-cv-00434 (S.D. Ohio Aug. 3, 2010)