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Montgomery v. Warden

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION
Mar 12, 2015
Case No. 3:15cr005 (S.D. Ohio Mar. 12, 2015)

Opinion

Case No. 3:15cr005

03-12-2015

ALBERT MONTGOMERY, Plaintiff, v. WARDEN, ROSS CORRECTIONAL INSTITUTION, et al., Defendants.

Copies to: Albert Montgomery, Pro Se


DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (DOC. #2) IN THEIR ENTIRETY AND OVERRULING PLAINTIFF'S OBJECTIONS TO SAID JUDICIAL FILING (DOC. #3); PLAINTIFF'S PETITION FOR WRIT OF MANDAMUS DISMISSED WITHOUT PREJUDICE TO REFILING IN UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO, EASTERN DIVISION, IN COLUMBUS, OHIO; TERMINATION ENTRY

1. Pursuant to the reasoning and citations of authority set forth by the United States Magistrate Judge, in her Report and Recommendations of January 9, 2015 (Doc. #2), as well as upon a thorough review of the entirety of this Court's file and the applicable law, said Report and Recommendations are adopted in their entirety. Plaintiff's Objections to said judicial filing (Doc. #3) are overruled in their entirety. Plaintiff's Petition for Writ of Mandamus is dismissed, without prejudice to refiling, in the United States District Court for the Southern District of Ohio. Eastern Division, in Columbus, Ohio, as a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254 after exhaustion of state remedies.

In ruling as aforesaid, this Court would point out to the Plaintiff that federal courts have no original jurisdiction over Petitions for Writs of Mandamus to compel state (as opposed to federal) officials to take certain action or desist from taking certain action.

2. The Plaintiff's failure to submit a filing fee is not the basis for this Court's ruling.

The captioned cause is ordered terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton.

March 12, 2015

/s/_________

WALTER H. RICE

UNITED STATES DISTRICT JUDGE
Copies to: Albert Montgomery, Pro Se


Summaries of

Montgomery v. Warden

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION
Mar 12, 2015
Case No. 3:15cr005 (S.D. Ohio Mar. 12, 2015)
Case details for

Montgomery v. Warden

Case Details

Full title:ALBERT MONTGOMERY, Plaintiff, v. WARDEN, ROSS CORRECTIONAL INSTITUTION, et…

Court:UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Date published: Mar 12, 2015

Citations

Case No. 3:15cr005 (S.D. Ohio Mar. 12, 2015)