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16-998 - Smith v. Warden, Lebanon Correctional Insititution


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16-998 - Smith v. Warden, Lebanon Correctional Insititution
October 27, 2016
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REPORT AND RECOMMENDATIONS re 3 Petition for Writ of Habeas Corpus : IT IS RECOMMENDED THAT: Because this Court lacks jurisdiction in this matter involving a successive habeas petition within the meaning of 28 U.S.C. § 2244(b), petitioners pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 be TRANSFERRED to the Sixth Circuit for further proceedings as required under 28 U.S.C. § 2244(b)(3). Objections to R&R due by 11/14/2016. Signed by Magistrate Judge Karen L. Litkovitz on 10/26/2016. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
November 16, 2016
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DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 5). Signed by Judge Timothy S. Black on 11/16/2016. (mr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)