Opinion
Case No. 3:12-cv-410
11-04-2013
RONALD E. HARRIS, II, Petitioner, v. WARDEN, Chillicothe Correctional Institution, Respondent.
District Judge Walter Herbert Rice
Magistrate Judge Michael R. Merz
DECISION AND ORDER DENYING REQUEST TO TRANSFER
This habeas corpus case is before the Court on Petitioner's Request that this Court transfer the records in this case to "Jan Horbaly, Clerk of Courts, Howard T. Markey National Courts Building, 717 Madison Place N.W., Room 401, Washington, D.C." (Doc. No. 21). Although Mr. Harris does not mention a court, the address given is that of the Clerk for the United States Court of Appeals for the Federal Circuit, and this Court treats the request as intending to have this Court transfer this case to that court.
The United States Court of Appeals for the Federal Circuit has no jurisdiction of an appeal in this case. As a case in habeas corpus brought pursuant to 28 U.S.C. § 2254, any appellate jurisdiction from this Court's final decision lies to the United States Court of Appeals for the Sixth Circuit. Mr. Harris took an appeal to that court which has been dismissed (Doc. No. 19). The only court which has appellate jurisdiction over the Sixth Circuit is the United States Supreme Court by writ of certiorari; the Court of Appeals for the Federal Circuit has no such jurisdiction.
Accordingly, Mr. Harris' Request to Transfer is DENIED.
Michael R. Merz
United States Magistrate Judge