Opinion
CASE NO. 1:19-CV-00129
09-30-2019
THOMAS C. DIBIASE, Petitioner, v. CHRISTOPHER LAROSE, Respondent.
OPINION AND ORDER [Resolving Doc. 5] JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
On January 17, 2019, Petitioner Thomas DiBiase asked the Court to grant him a writ of habeas corpus under 28 U.S.C. § 2254. In response, Respondent moved to transfer this case to the Sixth Circuit, arguing that DiBiase's petition is a second or successive petition.
Doc. 1.
Doc. 5.
On August 5, 2019, Magistrate Judge Kathleen B. Burke recommended that the Court find that DiBiase's petition is a second or successive petitioner and grant Respondent's motion to transfer.
Doc. 9.
Objections to Magistrate Judge Burke's Report and Recommendation ("R&R) were due by August 19, 2019. Petitioner DiBiase did not file objections to the R&R.
The Federal Magistrates Act requires a district court to review de novo only those portions of a R&R to which the parties have objected. Absent objection, a district court may adopt the R&R without review.
Error! Main Document Only.28 U.S.C. § 636(b)(1).
Error! Main Document Only. Thomas v. Arn, 474 U.S. 140, 149 (1985); L.R. 72.3(b). --------
Because no party has objected to the Report and Recommendation, this Court may adopt the R&R without further review. Moreover, having conducted its own review of the petition and record, the Court agrees with the conclusions in the R&R.
Accordingly, the Court ADOPTS Magistrate Judge Burke's Report and Recommendation and incorporates it fully herein by reference. The Court GRANTS Respondent's motion and transfers DiBiase's petition to the Sixth Circuit pursuant to 28 U.S.C. § 1631. IT IS SO ORDERED. Dated: September 30, 2019
s/ James S . Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE