Opinion
Civil Action 2:10-CV-778.
August 31, 2010
ORDER
On August 30, 2010, petitioner Larry Godfrey filed a petition for a writ of habeas corpus, accompanied by the filing fee for such a case. The Office of the Clerk opened this case based on this filing and payment. However, the petition filed in this case appears to be identical to the petition recently filed by petitioner in another case, in which petitioner filed a motion for leave to proceed in forma pauperis. Godfrey v. Warden, Noble Correctional Institution, 2:10-CV-770.
The Magistrate Judge assigned to that case has recommended that the case be transferred to the United States Court of Appeals for the Sixth Circuit as a successive petition. Id., Doc. No. 2.
Petitioner is ORDERED to show cause, no later than September 30, 2010, why this case should not be closed, on the basis that it is identical to 2:10-CV-770. Petitioner's failure to respond to this Order will result in the dismissal of this case.
The related case, 2:10-CV-770, would of course remain pending.
August 31, 2010