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04-1026 - Waters v. Bradshaw

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04-1026 - Waters v. Bradshaw
May 13, 2005
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Memorandum, Opinion and Order: For the reasons set forth herein and for the reasons set forth in the Magistrate Judge's Report and Recommendation, the Petition for Writ of Habeas Corpus is denied. Further, this Court hereby fully incorporates the Report and Recommendation by reference herein. This Court finds no basis upon which to issue a certificate of appealablity. (Related Doc. 13) Signed by Judge Patricia A. Gaughan on 5/12/05. (L-C, S)
August 19, 2008
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Report and Recommendation that petitioner's 18 Motion for relief from judgment pursuant to Fed.R.Civ.P. 60(b) be treated as a second or successive habeas petition and transferred to the Sixth Circuit Court of Appeals. Signed by Magistrate Judge Greg White on 8/19/2008. (S,S)
September 17, 2008
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Order of Transfer: This matter is before the Court upon the Report and Recommendation of Magistrate Judge White (Doc. 22) which recommends that the petitioner's Motion for Relief from Judgment pending before this Court be treated as a second or successive habeas petition and transferred to the Sixth Circuit. No objections have been filed. Having found no clear error, the Court fully agrees with the Report and Recommendation. Accordingly, the Report and Recommendation is ACCEPTED and this matter is hereby transferred to the United States Court of Appeals for the Sixth Circuit to determine whether this Court is authorized to consider a second petition. Judge Patricia A. Gaughan on 9/16/08. re 21, 18, 22 (LC,S)